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HomeMy WebLinkAbout1996-04-09 Support Documentation Town Council Work Session !lP.oL TOWN COl9tdC{L InIOFtK SESSION TUESDAV, APRIL 9, 1996 2.00 P.M. AT TOV COl1NCIL CHAIVdBEF2S - AGENDA 1. PEC/DRB Review 2. Overview of the 208 Region XII Water Quality Management Plan. 3. Review of Berry Creek 5th Sketch Plan and Future Ptanning Process 4. Ampfified Sound Update. 5. A request to present an a{ternative to the Vail Town Council for the third employee housing unit required under the Cornice Building Special Development District, Ordinance No. 7, Series of 1994. The request is to establish the third emp{oyee housing unit in an existing primary/secondary residence located at 2635-B Larkspur Lane (Intermountain). 6. Amendment to City Market Lease and Development Agreements. ' 7. Information Update. . 8. Council Reports. 9. Other. 10. Adjournment. N07E UPCOAflING flflEE'fIiVG STARY ?IIVIES BELOIM: _.(ALL 71flAES ARE APPROXIMATE AND SUBJECT'TO CHAIVGE) - - 1111111 THE fVE3CT bA1L TOWN COUFICIL REGULAFZ WORK SESSIOPd WILL BE ON TlOESDAY, 4I16196, BEGIPINIPJG AT 2:00 P.M. IN TOV COUNCIL CHA,MBERS. THE FOLLOWIRIG !lAll. T01ftIN COUNCIL FtEGULAR WORK SESSION WILL BE ON TBJESDAV, ,'i/7/96, BEGIIVNING AT 2:00 P.M. IfV TO!! COUNCIL CHAflABERS. TCiE NEXT !lAIL TOWR1 COUNCIL REGULAR EVENING MEETIIVG 1filILL BE ON TUESDAY, 4196196, BEGItJh11NG AT 7:30 P.M. iN TOV COUNCIL CHAMBERS. IIIIIII Sign language interpretation available upon request with 24 hour notification. Please caA 479-2114 voice or 479-2356 TDD for information. C:WGENDA.WSE VA@L T'OWN COIJIVCIL WORK SESSION Tl9ESDAV, APRIL 9, 1996 2:00 P.M. AT Tt)N COUNCIL CliAnflBEFtS EXPANDED A?GENDA 2:00 P.M. 1. PEC/DRB Review 2:15 P.M. 2. Overvievv of the 208 Region XII Water Quality Nianagement Plan. Robert Ray, NWCCOG ACTIOiV REQUESTED OF COUNCIL: Review the 208 Plan and consider adoption of this plan for the Town of Vail. BACKGROUIVD RATIONALE: The 208 plan is a required plan for coordinated regional water quality management under Section 208 of the Federal Clean Water Act. There are two volumes of the 208 plan. Volume 1 identifies six broad policies for water quality management. Volume 2 contains specific watershed plans. One of these Watershed plans is for the Eagle River Watershed which includes Gore Creek. This plan addresses specific actions to protect and improve water quality in _ the Eagle River and Gore Creek. Issues and recommendations in the . plan address point sources of pollution, nonpoint sources, and stream flow. The recommendations in this Plan can be used to modify state water quality standards and to provide direction for local vuater resource management. 2:45 P.M. 3. Revievv of Berry Creek 5th Sketch Plan and Future Planning Process. Peter Jamar Associates ACTION REQUESTED OF COUNCIL: Provide direction to Peter Jamar Associates and TOV representatives to the Eagle County Recreation Authority as to TOV position on potential uses on the property. BACKGROUiVD RATIOfVALE: A previously approved sketch plan will expire in June. The planning process which has not gone forward since sketch plan approval is being resumed. The potential use of the property has been impacted by the development taking place on the Miller Ranch property by the Eagle County School District. 3:30 P.M. 4. Amplified Sound Update Tom fVioorhead ACTION REQUESTED OF COUNCIL: Nlotion by Council directing staff to resume issuing amplified sound permits for 1996. BACKGROUND RATlONALE: In December of 1994 the Town Councif suspended the renewal of amplified sound permits for 1995 pending the examination of the Town's amplified sound ordinance and enforcement of the ordinance. STAFF RECOMMEfVDATIOIV: Authorize renewal of amplified sound permits and new applications. Staff will evaluate the amplification and v?rill continue rigid enforcement. Sound permit will provide for ioss of the permit in the event of amplified sound violations. 4:00 P.M. 5. A request to present an alternative to the Vail Town Council for the third George Ruther employee housing unit required under the Cornice Building Special Development District, Ordinance No. 7, Series of 1994. The request is to establish the third empfoyee housing unit in an existing primary/secondary residence located at 2635-B Larkspur Lane (Intermountain). Greg Amsden, representing the owner,David Smith. ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny the proposed location.of the third required employee housing unit for the Cornice Building Special Development District. BACKGROUND RATIONALE: On April 5, 1994, the Vail Town Council approved Ordinance No. 7, Series of 1994, the establishment of Special Development District No. 32, the Cornice Building. Approval of Special Development District No. 32 required that the property owner provide three, deed restricted employee housing units. Section 6 of Ordinance No. 7, requires that the Town Council review and approve the proposed location of each employee housing unit. The applicant is back before the Council requesting approval of the proposed location for the third, and final required employee housing unit. STAFF RECOMMENDATION: Upon review of the request to allow the secondary unit at 2635-B Larkspur Lane to be deed restricted as an employee housing unit, to satisfy the third and final employee unit for the Cornice Building, the Community Development Department recommends approval of the request. In Staff's opinion, the proposal meets the criteria listed in Section 6 of Ordinance No. 7, Series of 1994, for the employee housing units for the Cornice Building SDD. 4:20 P.M. 6. Amendment to City Market Lease and Development Agreements. Tom Moorhead ACTION REQUESTED OF COUNCIL: Review Amendment to Lease and Development Agreement consistent with Resolution No. 5, Series of 1996. BACKGFtOUND f2ATIONALE: The Resolution is presently effective until December, 1996. The Amendment will provide for a set-off from the City Market rent in the event that City Market assumes the TOV responsibilities to share defense costs is set forth in Resolution No. 5. STAFF RECOMMENDATION: Approve Amendment. 4:35 P.M. 7. Information Update. _ 4,45 P.M. _8. Council Reports. - 4:55 P.M. 9. Other. 5:05 P.M. 10. Adjournment. NOTE UPCOMIIdG MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VbIL TOWId COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 4/16/96, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TQWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 5/7/96, BECINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 4/16/96, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. IIIIIII Sign language interpretation available upon request with 24 hour notification. Please call 479-2414 voice or 479-2356 TDD for information. C: W GENDA. WSE. 2 PUBLIC NOTICE VAI]L 'a("0WN C'OIJNC'yL MEE"I"IrlTG Tuesday, A12ri123. 1996 Work session THE MEETING HAS BEEN CANCELED. Tuesdav. Apri130. 1996 . Work session NO MEETING DUE TO STH TUESDAY OF MONTH. ~ Sign language interpretation avai{able upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. PLANNINC AND ENVIRONMENYAL COMMISS90P? ' April 8, 1996 FINAL AGENDA Project Arientation / Lunch 11:30 pm ~ Site !lisifs 12:30 prn 1. Orrison - 1464 Aspen Grove Lane 2. Innsbruck Meadows - 2772 - 2892 Kinnickinnick Road 3. VVatkins - 1799 Sierra Trail 4. Vail Associates - Gondola Driver: George . Public Hearing 2:00 p.ma 1. A request to modify PEC conditions of approval to a{4aw for driveway grades up to 12°l0 and changes to the approved employee housing phasing requirements located at 2772- 2892 Kinnickinnick Road/ Lots 1-14, Innsbruck Meadows Subdivision. _ Applicant: Bob Borne Planner: George Ruther MOTION: Galen Aasland SECOND: Henry Pratt VOTE: 5-0-1 (Amsden abstained) APPROVED VVITH 1 COPdDIT10N 2. A request for a parking variance to allow for the construction of a new single family residence with a garage in the front setback located at 1799 Sierra Trail/Lot 17, Vail Village West Filing #1 Applicant: Julia Watkins Planner: Randy Stouder MOTION: Greg Amsden SECOND: Henry Pratt VOTE: 6-0 APPROVED WITH 9 CONDITION 3. A request for a worksession to discuss a major exterior alteration in the CCII Zone District and a conditional use permit for the replacement of the gondola located at Tract V D, Vail Lionshead 1 st Filing; a portion of Tract B, Vail Lionshead 2nd Filing; Tract A, Block 1, Vail Village 6th Filing, Tract C, Block 1, Vail Lionshead 1 st Filing, Lot 4, Block 1, Vail Lionshead 1 st Filing, a portion of Tract B, Vail Lionshead 1 st Filing, and an unplatted parcel of land located in the north 1/2 of Section 7, Township 5 South, Range 80 west of the 6th Principal Meridian. (A more detailed description of the above referenced properties may be found in the Office of the Department of Community Development). Applicant: Vail Associates, Inc., represented by Joe Macy Planner: Jim Curnutte N0 VOTE - UVORKSESSION DISCUSSIOId ONLV 4. A request for a front setback variance and a request to utilize the 250 Ordinance to allow for a garage and a Type I EHU to be constructed at 1464 Aspen Grove Lane/Lot 10, Block 2, Lions Ridge Filing No. 4. Applicant: Carrol Orrison, represented by Tom Braun Planner: Mike Mollica MOTION: Henry Pratt SECOND: Gene Uselton VOTE: 6-0 DENIED 5. A request for an interior residentia{ addition, utilizing the 250 Ordinance, to allow for an addition to the living area, located at 295 Forest Road/Lot 20, 61ock 7, Vail Village 1 st Filing. - Applicant: Pat Welsh Planner: Lauren Waterton STAFF APPROVED 6. A request for a Minor SDD amendment to allow for streetscape improvements to the Cascade Village Subdivision entrance located at 1300 Westhaven Drive/Intersection of Westhaven Dr. and South Frontage Road. Applicant: L-O Westhaven Inc., represented by Skip Behrhorst Pfanner: Randy Stouder TABLED UNTIL MAV 13,1996 7. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing residence located at 802 Potato Patch Drive/Lot 4, Block 1, Potato Patch. App(icant: Padraic Deighan, represented by Steve Riden Planner: Randy Stouder TABLED UNTlL MAY 13, 1996 8. A request for Site Coverage, Front Setback, Side Setback and Density variances to allow for an addition to the building located at 1845 West Gore Creek Drive/Lot 21, Vaii Village West _ Fi(ing No. 2. Applicant: Ted Smathers, represented by Brent Alm Planner; Jim Curnutte WITHDRAWN //!/////I// 9. Information lJpdate ` 10. Approval of March 25, 1996 PEG minutes. 11. Communiry Strategic Planning Prvicess - Vail Tomorrow (30 minutes) Susan Connelly / Suzanne Silverthorne. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. PLANNBNG AND ENilBFtONMENTAL COAAMISSION April 8, 1996 . AGEiVDA Prolect Or6engatimn / Lunch 11 a30 pm Sige Vasa4s 12o30 pm 1. Orrison - 1464 Aspen Grove Lane 2. Innsbruck,fVieadows - 2772 - 2892 Kinnickinnick Road 3. Watkins - 1799 Sierra Trail 4. Vail Associates - Gondola Driver: George Publia Hea" 2000 p.me 1. A request to modify PEC conditions of approval to allow for driveway grades up to 12% and changes to the approved employee housing phasing requirements located at 2772- 2892 Kinnickinnick Road/ Lots 1-14, Innsbruck Meadows Subdivision. Applicant: Bob Borne Planner:. George Ruther 2. A request for a parking variance to allow for the construction of a new single family residence with a garage in the front setback located at 1799 Sierra Trail/Lot 17, Vail -Village VVest Filing #1 ,4pplicant: Julia UVatkins Planner: Randy Stouder . 3. A request for aworksessoon to discuss a major exterior alteration in the CCII Zone District and a conditional use permit for the replacement of the gondola located at Tract D, Vail Lionshead 1 st Filing; a portion of Tract B, Vail Lionshead 2nd Filing; Tract A, Block 1, Vail Village 6th Filing, Tract C, Block 1, Vail Lionshead 1 st Filing, Lot 4, Block 1, Vail _ Lionshead 1 st Filing, a portion of Tract B, Vail Lionshead 1 st Filing, and an unplatted parcel of land located in the north 1/2 of Section 7, Township 5 South, Range 80 wrest of the 6th Principal Meridian. (A more detailed description of the above referenced propertiesmay be found in the Office of the Department of Community Development). P?pplicant: Vail Associates, Inc., represented by Joe Macy Planner: Jim Curnutte 4. A request for a front setback variance and a request to utilize fhe 250 Ordinance fo allow for a garage and a Type I EHU to be constructed at 1464 Aspen Grove Lane/Lot 10, Block 2, Lions Ridge Filing No. 4. Applicant: Carrol Orrison, represented by Tom Braun Planner: Mike Mollica 5. A request for an interior residential addition, utilizing the 250 Ordinance, to allow for an addition to the living area, located at 295 Forest Road/Lot 20, Block 7, Vail Village 1 st Filing. Applicant: Pat Welsh Planner: Lauren Waterton STAFF APPROVED 6. A request for a Minor SDD amendment to allow for streetscape improvements to the Cascade Village Subdivision entrance located at 1300 Westhaven Drive/Intersection of Westhaven Dr. and South Frontage Road. Applicant: L-O Westhaven Inc., represented by Skip Behrhorst Planner: Randy Stouder TABLED UNTIL IIAAY 13, 1996 , 7. A request for a residential addition, utilizing the 250 Ordinance, to allow for an expansion to an existing residence located at 802 Potato Patch Drive/Lot 4, Block 1, Potato Patch. Applicant: Padraic Deighan, represented by SYeve Riden Planner: Randy Stouder TABLED UNTIL MAY 13,1996 8. A request for Site Coverage, Front Setback, Side Setback and Density variances to allow for an addition to the building located at 1845 West Gore Creek Drive/Lot 21, Vail Village West Filing No. 2. Applicant: Ted Smathers, represented by Brent Alm Planner: Jim Curnutte WITHDRAWN 9. Information Update , . 10. Approval of March 25, 1996 PEC minutes. 11. Community Strategic Planning Process - Vail Tomorrow (30 minutes) Susan Connelly / Suzanne Silverthorne. Sign language interpretation available upon request with 24 hour notification. Please call 479-2114 voice or 479-2356 TDD for information. ?4 . Agenda last revised (4/4/96 10am) D]ESgtGN REVgEW BOARD AGENDA Apri? 3, 1996 3.00 P.M. PRO.D1EC7i' Gg8][ENTA'II'IOIY / ILUNcCH Il2=30 SIlTE VISI'd'S 1:45 1. Town of Vail - E. Lionshead Bus Stop 2. Lion Square Lodge -.660 W. Lionshead Place 3. Sirotkin - 1415 Westhaven Drive 4. Arnold Residence - 1827 Alpine Drive 5. Gray Residence - 2672 Kinnickinnick Court 6. Roth - 2399 Cbamonix Lane 7. 1Vlueller - 3152 Booth Falls Court 8. 1VIay Residence - 1067 Ptannigan Road 9. Hubcap - 143 East Meadow Drive Driver: George 1. Sirotkin - Conceptual review of a residential addition. GR 1415 Westhaven Drive/Lot 52, Glen Lyon Subdivision , Applicant: Neil Sirotkin . 1V10TION: SECOND: VOTE: CONCIEP'II'UAIL - N~ ~OT}E 2. International Wing - Appeal of the Zoning Administrator's decision to approve a AK buffer to be built between a proposed addition and the existing condominiums. 174 E. Gore Creek Drive/portions of Lots A, B, and C, Block SC, Vail Village lst Filing Appellant: lYTs. Anita Saltz MOTION: Alm SECOIVD: Uselton VOTE: 5-0 UPHE]LgD = with the clarification that the elevator shaft not extend above the height of the deck railing. 3. Lion Square Lodge - Lobby addition and site area improvements JC 660 West Lionshead Place/Lot l, Vail Lionshead lst Filing, lst Addition Applicant: John Railton, representing the Lion Square Lodge Condominium Association MOTION: Alm SECOIVD: Hingst VOTE: 5-0 APPROVIED WAT]HI ~ONDBB'dON 1 r 0 ' • 4. Gray Residence - Changes to approved plans JC 2672 Kinnickinnick CourtlLot 6, Block 2, Vail Intermountain Applicant: Harry Gray MOTION: Hingst SECOND: Uselton VOTE: 5-0 APPROVED 5. Town of Vail - East Lionshead bus stop renovation LW Applicant: Town of Vail MOTION: Uselton SECOND: Hingst VOTE: 1-4 MOTION FOR APPROVAL FAILED. No additional motion was made. 6. Mueller - Final review of a new duplex RS 3152 Booth Falls Court/Lot 4, Block 2, Vail Village 12th Filing Applicant: John Mueller MOTION: Alm SECOND: Britain VOTE: 5-0 APPROVED 7. Arnold - Conceptual review of a new single family residence RS 1827 Alpine Drive/Lot 45, Vail Village West, Filing #1 Applicant: Steve Arnold MOTION: SECOND: VOTE: -Y CONCEPTUAL - NO VOTE 8. May - Conceptual review of a new single family residence GR 1067 Ptarmigan Road/Lot 4 and W1/2 of 5, Block 5, Vail Village 7th Applicant: Roy and Paula May MOTION: S.ECOND: VOTE: CONCEPTUAL - lei0 VOTE 9. Hubcap - Interior expansion and addition of a second outdoor dining area. DM 143 East Meadow Drive/Lot P, Block SD; Vail Village 1 st Filing (Crossroads) Applicant: Lance Lucey MOTION: Alm SECOND: Hingst VOTE: 5-0 APPROVED WITH CONDITION 2 ~ , v 10. Roth - Conceptual review of a new single family residence. DM 2399 Chamonix Lane/Lot 17, Block A, Vail Das Schone Applicant: Mike Roth 1VIOTTOIV: SECOIVD: VOTE: cCONcCl~PTNAL - l~~ ~OTIE M[EMBERS PRESENT MENIBERS ABSENT Mike Arnett Brent Alm Clark Brittain Ted Hingst Gene Uselton Staff A r~n ovals Chicago Pizza - Sign. JC 1031 W. Frontage Rd., Unit F Applicant: Greg Kraft Vail Associates, Inc. - Sign. LW 278 Hanson Ranch Road/Bridge Street Lodge Applicant: Larry Ast 1Vlueller Duplex - Plan changes. RS 3155 Booth Falls Ct./Lot 3, Block 2, Vail Village 12th Filing Applicant: Johann Mueller WD Condos - Replace exterior siding with stucco LVV 1527 Vail Valley I?rive/L,ot 10, Block 3, Vail Valley 1 st Filing Applicant: I3ormel Foods Corp Senderos - Window replacement. LW 600 Vail Vatley. Drive/Pinos del IVorte - Applicant: 1Vlanuel Senderos, Unit 1 . King - Vilindow changes L\AI 1881 Lionsridge Loop #25Nai1 Pointe #25 Applicant: 1VIatt King 3 . . P Spraddle Creek Estates, Lot 2- Plan revision. LW 1058 Riva Glen/Lot 2, Spraddle Creek Estates Applicant: SBC Development Corp. Johnson Residence - Minor exterior changes. LW 2705 Davos TraiVLot 14, Block B, Vail Ridge Subdivision Applicant: Michelle Johnson Innsbruck Meadows - Regrading of driveway and revised landscaping. GR 2832-2892 Kinnickinnick Road/Lots 1-6, Innsbruck Meadows Subdivision Applicant: Bob Borne McIntyre - Exterior changes to existing residence LW 1462 Aspen Grove Lane/Lot 11, Block 2, Lionsridge Filing #4 Applicant: Scott McIntyre Vail Village Inn - New service door. LW 100 East Meadow Drive/Vail Village Inn Applicant: Josef Staufer Fallier Duplex - Change to previously approved colors. RS 1873 Liorisridge Loop/Lot 2, Block 3, Lionsridge 3rd Applicant: Jack Snow Sign language interpretation available upon request with 24 hour notification. Please ca11479-21.14 voice or 479-2356 TDD for information. 4 1996 REG9ON X00 WATER QUALITY IVIANAGEMEIVT PLAN 02/29/96 DRAFT VOLUME 9 ~ POLICY PLAN Page Tabfe of Contents VI - 1 List of Tables and Figures VI - 6 In4roduction VI - 9 How To Use This Plan VI -11 Background VI -12 Policy Summary VI -15 fP0L9C1( 1e WATER QUALITV VI -18 1.1 Policy Sta4ement VI -18 1.2 Policy Objectives VI -18 1.3 Policy Justification VI -18 1.4 Implementation Recommendations VI -19 1.4.1 iVieet Existing V1/ater Quality Standards VI -19 1.4.2 Recommend Revisions to Water Quality Standards, VI -19 Classifications, and Designations 1.4.2.1 Special 1/Vater Quality Standards VI -19 1.4.2.2 New Outstanding Waters Designations !!I -19 1.4.2.3 Changes to Use-Protected Designations VI -20 1.4.2.4 Changes to Temporary Nlodifications VI -20 1.4.2.5 Designated Uses Recommendation VI -21 1.4.2.6 Designated Use Impairment Recommendations VI -21 1.4.2.6.1 Water Quality Limited - Allocated Segments VI -21 1.4.2.6.2 Water Quality Limited - Potentially Threatened VI -22 1.4.2.6.3 1/Vater Quality Limited - Partially Supported VI -23 1.4.2.6.4 VVater Quality Limited - Not Supporting VI -24 1.4.3 Implement Local Governmental Land Use Controls VI -24 1.4.4 Implement Water Quality Improvement Projects VI -24 1.4.4.1 Inactive Mine 1A'.Q. Improvement Projects VI -25 POL9CY 2. WAT~R USE AND DE!lELOPMENT VI -26 2.1 Policy Statement VI -26 2.2 Policy Objectives VI -26 2.3 Policy Justification VI -26 2.4 Implementation Recommendations VI -27 V I-1 Page POLICY 3. LAND USE AND DISTURBANCE VI- 29 3.1 Policy Statement VI- 29 3.2 Policy Objectives VI- 29 3.3 Policy Justification VI- 30 3.4 Implementation Recommendations VI- 31 POLICY 4. DOMESTIC, MUNICIPAL AND INDUSTRIAL WASTES VI- 35 4.1 Policy Statement VI- 35 4.2 Policy Objectives VI- 35 4.3 Policy Justification VI- 36 4.4 Implementation Recommendations VI- 36 POLICY 5. CHEMICAL MANAGEMENT VI- 38 5.1 Policy Statement VI- 38 5.2 Policy Objectives VI- 38 5.3 Policy Justification VI- 38 5.4 Implementation Recommendations VI- 38 POLICY 6. MANAGEMENT SYSTEM VI- 41 6.1 Policy Statement VI- 41 6.2 Policy Objectives VI- 41 6.3 Policy Justification VI- 41 6.3.1 Background VI- 41 6.3.2 The Designation Process VI- 41 6.4 Implementation Recommendations VI- 42 V I-2 • 1996 REG9ON X8I WATER QUALITY NIANa4GEMENT PLi4N 02/29/96 DRAFT VOLUME UU = WATER QUALITY PFZOGRAM DEVELOPIVIEIVT Execu4ive Summary 1.0 BNTROD~CTDON 1.1 The Colorado F2iver Basin 1.2 The Yampa River Basin 1.3 The North Platte River Basin 2.0 REGIONAL V!lpaTER QUALITY ASSESSMENT Sl7AAMi4RY 3.0 CLe4SSIFBCAT90NS AND ST'e4NDARDS 3.1 Overview Of Colorado's Classifications And Standards System 3.2 Existing V1/ater Quality S4andards 3.2.1 Table Value ln/ater Quality Standards 3.2.2 Outstanding 1/Vaters in the Region 3.2.3 Use-Protected Waters in the Region 4.0 REGuoNAL WATER QUALITY issuEs 4.1 Point Source Impacts 4.1.1 fViunicipal Dischargers 4.1.2 Industrial Dischargers 4.1.3 Construction Activities 4.2 Nonpoint Source Impacts 4.2.1 Land Use and Disturbance 4.2.1.1 Inactive Mines 4.2.1.2 Development 4.2.1.2.1 Stormwater 4.2.1.2.2 Septic Systems 4.2.1.2.3 Wetland and Riparian Losses 4.2.1.3 Agriculture & Silviculture 4.2.1.4 Recreation Impacts 4.2.2 Vl/ater Use and Development 4.2.2.1 Hydrologic Modifications 4.2.2.1.1 Transbasin Diversion 4.2.2.1.2 In-Basin Diversions 4.2.2.2 In-Basin Changes in Water Usage V I-3 4.2.2.2.1 Municipal 4.2.2.2.2 Industrial ' 4.3 Colorado River Basin Salinity 4.4 Groundwater Issues 5.0 MANAGEMENT SVSTEMS 5.1 Clean Water Act 5.2 Colorado Water Quality Control Commission 5.3 Point Sources 5.3.1 Industrial Dischargers 5.3.2 Wasteload Allocations 5.4 Nonpoint Sources 5.5 Colorado River Basin Salinity Control Forum 5.6 Colorado River Headwaters Forum 5.7 Regional Management Agencies 6.0 ENVIRONMENTAL, SOCIAL, AND ECONOMIC IMPACTS OF THIS PLAN 6.1 Environmentallmpacts 6.1.1 Overview 6.1.2 Previously Implemented Plan Recommendations 6.1.3 Future Plan Recommendations 6.2 Social and Economic Impacts 6.2.1 Overview 6.2.2 Previously Implemented Plan Recommendations 6.2.3 Future Plan Recommendations 7.0 PLAN IMPLEMENTATIOIV 8.0 WATERSHED WATER QU,ALITY MANAGEMENT PLANS Blue River Water Quality Management Plan Eagle River Water Quality Management Plan North Platte River Water Quality Management Plan Roaring Fork Water Quality Management Plan Upper Colorado River Water Quality Management Plan Upper Yampa River Water Q:jality Management Plan V I-4 . 1996 REG9ON XIU WATER QIJALITY IVIAfVAGEINIEIVT PLf4N APPENDICES Appendix 1. Glossary Appendix 2. Towns and Counties within Region XII, and Population Projections Appendix 3. Vllasfiewater Treatment Plants within Region XII, including: capacity, type of treatment, sludge disposal method; rates; age; condition Appendix 4. Water providers within Region XII, including: gallons per year; population served; ra4es, etc. Appendix 5. Select water quality data from Region XII, with references for expanded water quality data. Appendix 6. Sfiream standards and classifications for water within Region XII. Appendix 7. Impaired Uses Stream Segments within Region XII (304(I) list). Appendix 8. CDPS permit holder list for Region XII (including stormwater permi4s) Appendix 9. Designated iVlanagement Agencies Agreements Appendix 10. Sample Local Governmen4 Water Quality Regulations Appendix 11. Example Best Management Practices Appendix 12. NiAPS, MAPS, fVIAPS Index V I-5 ' LIST OF FIGURES AND TABLES VOLUME I Page Figure 1 Northwest Colorado Council of Governments Regional VI - 10 and Watershed Boundaries Figure 2 NWCCOG Regional Water Quality Management Plan VI - 11 Table 1 Water Quality Planning Elements VI - 14 Table 2 Recommended Management Agency Structure VI - 16 Table 3 Recommended Management Agency Structure VI - 42 VOLUME II Figure 3 Upper Colorado River Basin Map VII - 8 Figure 4 Yampa River Basin Map VII -10 Figure 5 Upper North Platte Watershed Map VII -11 Table 4 Water Quality Planning Elements VII - 5 BLUE RIVER WATER QUALITY MANAGEMENT PLAN Figure 6 Blue River Watershed Map B- 4 Table 5 Blue River Watershed Instream Flows B- 20 Table 6 Blue River pomestic Wastewater Treatment Facilities B- 23 Table 7 Summit County Population Statistics B- 26 Table 8 Blue River Watershed Transbasin Diversions B- 31 Table 9 Bluer River Water Quality Standards and Classifications B- 43 Table 10 Blue River Watershed Designated Use Impairment B- 47 Table 11 Blue River 303(d) List B- 48 V I-6 . LuST OF FiGUREs AND TABLEs (continued) Page EAGLE RIVER 1/VATER QUALITY MANAGEMERIT PLAiV Figure 7 Eagle River V1/atershed Map E- 4 Table 12 Eagle Mine Investigation E- 8 Table 13 Eagle River Watershed Instream Flows E- 17 Table 14 Eagle River pomesfiic 1Nastewater Treatment Facili4ies E- 22 Table 15 Eagle County Population Statistics E- 24 Table 16 Eagle River Water Quality Classifications E- 35 Table 17 Eagle River Watershed Designated Use Impairment E- 37 Table 18 Eagle River Watershed 303(d) List E- 39 NORTH PLATTE RIVER V1/ATER QUALITY NIANAGEMENT PLAIV Figure 8 North Platte River 1lVatershed Map NP- 4 Table 19 Norfh Platte River Watershed Instream Flows NP-10 Table 20 Jackson County Population Statistics RIP-12 Table 21 North Platte River Stream Classifications NP-18 ROARIRIG FORK 1/VATERSHED iViANAGEiVIENT PLAN Figure 9 Roaring Fork River Watershed Map RF- 4 Table 22 Selected Water Quality Parameters, iVlainstem Brush RF-10 Creek Watershed Table 23 Roaring Fork River Watershed Instream Flows RF-16 Table 24 Roaring Fork fViunicipal & Domestic Wastewater RF-20 Treatment Plants Table 25 Roaring Fork River Watershed Permanent Population RF-26 Table 26 Roaring Fork River 1/Vatershed Transbasin Diversions RF-30 - 1993 Table 27 Roaring Fork River Stream Classifications RF-39 Table 28 Roaring Fork River Designated Use Impairment RF-42 Table 29 Roaring Fork River 303(d) List RF-43 V I-7 LBST OF FIGURES AND TABLES . (continued) Page UPPER COLORADO RIVER WATER QUALITY MANAGEMENT PLAN Figure 10 Upper Colorado River Watershed Map C- 4 Table 30 Upper Colorado Drainages & Average Annual Runoff C- 5 Table 31 Three Lakes Annual Average Trophic State Indicators C- 7 Table 32 Colorado River Watershed Instream Flows C- 17 Table 33 Municipal & Domestic Wastewater Permits over 0.02 MGD C- 27 Table 34 Grand County Population Statistics C- 30 Table 35 Colorado River Stream Classifications C -41 Table 36 Colorado River Designated Use Impairment C- 44 Table 37 Colorado River 303(d) List C- 45 YAMPA RIVER WATER QUALITY MANAGEMENT PLAN • Figure 11 Yampa River Watershed Map Y- 4 Table 38 Yampa River Watershed Instream Flows Y- 16 Table 39 Yampa River Watershed Domestic Wastewater Y- 21 Treatment Facilities Table 40 Routt County Population Projections Y- 24 Table 41 Yampa River Stream Classifications Y- 33 Table 42 Yampa River Designated Use Impairment Y- 36 Table 43 Yampa River 303(d) List Y- 38 V I-8 INTRODUCTION 02/29/96 DRAFT The purpose of Section 208 of the Federal Clean 1/Vater Act is to require plans for coordinated regional approaches to water quality management. This Regional Water Quality iVlanagement Plan, or 208 Plan, is a comprehensive revision of the Northwest Colorado Council of Governments' (NWCCOG) 208 Plan which was last approved in 1989 by Governor Romer. This 208 Plan consists of two volumes and appendices (including a glossary). Volume I consists of the Regional Policies and describes recommendations to protect and enhance the water quality within 4he NWCCOG region, consistent with the requirements of the Clean V1/ater Act. Volume II consists of the Regional Water Quality Assessment which describes existing water quality, identifies the major regional water quality issues, and presents 4he individual V1/ater Quality Nlanagement Plans for each of the six watersheds within the iVWCCOG region (Figure 1). V I-9 Figure 1. Northwest Colorado Council of Governments' Regional and Watershed . Boundaries ~ - J/ ig WALDEN eje,,.'~ .GOUL-6 wa.~ r.... n.~+ j ~n i.: • ANO ~.c r..« rw ~ ' fl ~ . o' ~ .o GRAND } ~ ~ C 0. =l . ~ ^ ~ ~ " '~L (i~ r~_~m I• ~ r- ~o~ve• l"~.~, ~ ~ Kou TT ~ ~ , ~ , \ Cv. ~ ~I c MI~}•~n ~~r/'%// I` ~ •\~r SUMMIT \ co _ - =I j JC S ~ ~ ^~~t ~ I 4 ~ i c?? ~ l_ ~ ~ .,0. , ` ~ _ ` - c SU6E--_ I~i 11 r~~ ~ J i~~ ~1~'~`"-~, ~ ~ °7`' r \~V`...i/'\\ i , \ ~ ~ : ) PITK1~ / a' ,~r~ a~~c- ~ ~ •°i utJNISCN J V I-10 HOVV TO USE THIS PLAiV Volume B, Policy Plan, eonsis4s of six policies. Policy 1 outlines changes IVVVCCOG is recorvtrriending go the Sfiate Water Quality Control Commission regarding water quality regulations. The nex4 fiour policies recommend actions to minimize water quali4y impac4s for enti4ies which have the authori4y fo regulate land use and other ac4ivi4ies. These entities include federal, sfate, and local governments. The las4 policy identifies vvhich entities or "IVlanagement Agencies" are responsible for implemen4ing the recommended ac4ions. Volume BI, VVater Quali4y Program Dedelopment, describes the water qualify assessments 4ha4 were used to develop the policies in !/olume I. The Regional llVater Quality Assessmen4 is a summary of the major water quality issues identified in the region. This sec4ion is also provided 4o inform readers of water quality impacts from various ac4ivi4ies and gives an overview of the existing systems which protecf wa4er quali4y. T'he six individual wa4ershed plans in !/olume II form the foundation of 4his 208 Plan. Each watershed plan has the following sections: * A summary of the wa4ershed characteris4ics and hovN the plan was developed; * An evaluation of existing water quality data; * Sdenfification of Poinfi and Nonpoint Source issues and recommendations for specific water qualifiy issues in the basin; * A description of existing and pofiential wa4er quality improvement projects (including educa4ion); * A summary ofi local water qualify related land use regulations; * A summary of water quality monitoring efforfs and needs; * A discussion of watershed sfiream segment water quality designations, classifications, s4andards and recommended changes. The flow chart below (Figure 2) illus4rates the structure of this 208 Plan. Figure 2. NV1lCCOG Regional Vilater Quality Nianagement Plan Structure Re9i°na0Water Qualety Volume I Policies I RegionaY V'Vater Quality Volume II Assessanent Blue River Eagle Roaring Upper North yam a Fork River Colorado Platte P Plan River Plan Plan River Plan River Plan ~iver Plan V I-11 BACKGROUND . In 1972, Congress overrode a presidentiai veto to pass the Federal Water Pollution Control Act Amendments of 1972 (PL92-500), also known as the Clean Water Act. This Act has been further amended with significant changes in 1977 (PL95-217) and 1987 (PL100-4). The Clean Water Act states that the ultimate objective of the Act is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters". In beginning the process to improve water quality,. the Clean Water Act identified a number of planning programs to be initiated at various levels of government outlined in Section 208. To maximize efficient use of resources and provide regional coordination, Section 208 of the Act established an areawide approach to planning for the abatement of pollution. Section 208 (titled "Areawide Waste Treatment Plans") provides criteria to design local plans, based on an integrated and comprehensive planning process. The Northwest Colorado Council of Governments (NWCCOG) was designated the areawide waste treatment management planning authority, under Section 208, in February 1976 by the governor of Colorado. NWCCOG develops and maintains the Areawide Water Quality Management Plan (208 Plan) for the NWCCOG. The NWCCOG planning region (Region XII) includes the area within Eagle, Grand, Jackson, Pitkin, Routt and Summit Counties and includes three river basins: the Colorado River Basin; the North Platte River Basin; and the Yampa River Basin. In Colorado, the Colorado Water Quality Control Commission and Division are responsible for regulating water quality through the establishment of water quality classifications, designations, standards, and control regulations to protect the beneficial uses of the streams and lakes; issuance of discharge permits; water quality certifications; and enforcement. The Continuing Planning Process for Water Quality Management in Colorado, adopted by the Water Quality Control Commission in 1983, require annual updates of the Areawide Water Quality Management Plans prepared under Section 208 of the Clean Water Act. The two purposes of this 208 Plan are to: 1) update the plan to reflect the progress that has been made in plan implementation, and 2) address the region's shift in focus to a watershed perspective. The Plan is structured to satisfy the applicable state guidelines and to satisfy local planning considerations that dictate a flexible and innovative approach to water quality planning to avoid future water quality problems. This Plan is composed of two volumes and a set of technical appendices. A two volume format was chosen to increase the utility of the 208 Plan, as the policies are unlikely to change over a four to six year time frame, while the water quality assessments, and individual watershed water quality management plans may V I-12 . require change on a shorter time frame to reflect changes in management priorities and projects. Volume I, Policy Plan, is presen4ed in a policy plan format and describes the recommendations to profiect and enhance the level of water quality consistent with 4he requirements of the Clean V1/ater Act. Volume I provides a framework for water quality decisions relating to activities which have the potential to generate both poin4 and nonpoint sources of water quality degradation in the Region. This volume of the plan is organized around six policies which will lead to maintaining and improving water quality in 4he region. Under each policy, adminis4ra4ive guidelines are presented fior use by water quali4y management agencies who have and will continue to implement the plan. These management agencies are identified in Policy 6 of Volume I, and the rationale for their selection is discussed in Chapter 5 of Volume II - Management Systems. Volume II, Water Quality Program Development, describes the water quality management program in a format similar to the elements contained in Colorado's Continuing Planning Process guidelines. Volume II draws on material contained in previous 208 Plan submittals and from new data collected since the last 208 Plan was revised. Volume II provides supporting information for the water quality policies contained in Volume I. The appendices provide supporting technical information regarding specific water quality issues addressed in the plan. A significant change from our previous 208 Plans is that 4he water quality management plans presented in Volume II are organized on a watershed basis, whereas prior 208 Plan water quality assessments were done on a county basis. The contenfi of Volume I(previously Volume II in the 1989 Plan) has not been substantially changed, although the form has been changed. The number of policies has been reduced from eleven to six and six previous policies concerned with water quality impacts from various aspects of land use and development have been consolidated into one policy (Policy 3- Land Use and Disturbance). Policy 1 (Water Quality), has been shortened, as most of the 1988 recommendations have been implemented. In addition, a policy justification has been added to each of the policies. Table 1 provides a summary of the elements of water quality planning recommended under the State Guidelines compared to the elements contained in this Plan. The Policy Plan (Volume I) together with the technical appendices contain all of the State elements. V I-13 Table 1. Water Quality Planning Elements 208 Plan Element Plan Policy (V.I) Program Appendix Devel. 1 2 3 4 5 6 (V.II) 1 2 3 4 5 6 7 8 9 10 Facility location x x x x Facility needs x x Facility capacity x x Facility timing x x Population projections x x Service area x Treatment level x x x Permit conditions x Wasteload allocations x x x NPS Information x x Management agency x x x WQ standards recomm x x x x x Hydrologic modifications x x Stream setbacks x x x Silviculture activity x x Construction activity x x Urban runoff x x Chemical management x WQ assessment x x BMP recommendations x x x x x x x Water efficiency x x x Model development codes X Mine drainage mngmnt x x Agricultural management x x x x V I-14 . REGIOfVAL VV,4TER QUALITY NiANAGEIVIENT POLICY SUMNiARY FOR THE NORTHVIIEST COLORADO COUNCIL OF GOVERNMEIVTS (POLBCY 1. WATER QUALITlf The surface and groundwaters of the region shall be protected fo maintain the current and designated uses of those waters. The physical, chemical, and biological condi4ions shall be maintained for the benefit of present and future generations of residents and visitors of the region. Waters of the region not curren4ly supporting classified uses shall be restored as soon as is financially and 4echnically feasible. POfl,.@CV a. WATEft USE AYVD DEilELOPnAEYVT The use and developmen4 of the waters of the region shall maintain the quality necessary to protect current and classified uses, including water quality levels necessary to comply with the State's antidegradation regulation. POfl.ICY 3. LAi~~ ~~E AND DISTIJRBAfVCE The surface and groundwaters of the region shall be protected from land uses and management practices which could cause "significant degradation"' of water quality or impair the natural protection and/or fireatment processes provided by wetlands, floodplains, shorelines, and riparian areas. POLBCV 4. DOMESTBC, MUNBCIPAL, AND BIVDl1STl21AL W,4STE TREATINEIV3' Decisions to locate wrater supplies, wastewater treatmen4 systems, and other facilities shall be made in a manner which protects water quality. Decisions regarding facility location shall also recognize the protection of floodplains, geologic hazard areas, wildlife habitats, wetlands, shorelines, and agricultural land. Plans for facilities which divert water or discharge wastes will be coordinated with existing facilities to protect water quality. ' The definition of "significant degradation" is that used in the "Basic Standards and iVlethodologies for Surface Waters" regulation of the Water Quality Control Commission (5 CRR 1002-8, 3.1.8 (3)(c)) (see glossary and Appendix 6). V I-15 POLICY 5. CHEMICAL MANAGEMENT The surface and groundwaters of the region shall be protected from the uses of pesticides, fertilizers, algaecides, road_deicing and friction materials, and other chemicals which would temporarily or permanently cause a significant degradation of water quality or impair the current or classified uses of these waters. POLICY 6. MANAGEMENT SYSTEM The surface and groundwaters of the region shall be protected by a management agency structure which recognizes the existing governmental and regulatory framework and allows decisions and management to be made at the most appropriate level of control. Especially with respect to nonpoint source pollution prevention, the recommended level of management is at the watershed level (municipality and county driven). Table 2 identifies the recommended management agency structure. Table 2. Mana ement A enc Structure. Activity and Policy " Management Agency Areawide Water Quality Ptanning Northwest Colorado Council of Governments ~ Local Land Use Planning Counties and municipalities Policy 1. Water Quality Recommend water quality standards revisions NWCCOG, counties, municipalities, special districts Policy 2. Water Use and Development Issue 1041 Permits Counties and Municipalities Issue Special Use Permits / Right of Ways USFS, BLM, Counties Issue 404 Permits US Army Corps of Engineers Issue 401 Certification Colorado Water Quality Control Division Policy 3. Land Use and Disturbance Encroachment Counties, municipalities, special districts, federal land management agencies Public Facilities Counties, municipalities, special districts, federal land management agencies, Colorado Department of Transportation (CDOT) Vegetative Disturbance Counties, municipalities, federal land management agencies, Natural Resource Conservation Service Soil Disturbance Counties, municipalities, federal land management agencies, Natural Resource Conservation Service Issue 1041 Permits Counties, municipalities Impervious Cover Counties, municipalities Stormwater Counties, municiaplities V I-16 Policy 4. Domestic, Municipal and Industrial V1/astes Issue Colorado Discharge Permits Colorado 1lVater Quality Control Division Approve Site Applications Water Quality Control Division Review Site Applications NWCCOG, counties, municipalities, special districts Isssue 1041 Permits Counties, municipalities Biosolids Applications Water Quality Control Division, Counties Colorado Dept. of Public Health and Environment, Landfill Site Approvals Counties - Hazardous Materials Division Policy 5. Chemical Management Spill Prevention and Cleanup Colorado Department of Public Health and Environment, CDOT, municipalities, special districts V I-17 POLIC'Y 1. WATER QUALITY . 1.1 Policv Statement The surface and groundwaters of the region shall be protected to maintain the current and designated uses of those waters. The physical, chemical, and biological conditions shall be maintained for the benefit of present and future generations of residents and visitors to the region. Waters of the region not currently supporting classified uses shall be restored as soon as is financially and technically feasible. 1.2 Policv Obiectives To meet the adopted water quality standards for the State of Colorado, including the applicable antidegradation standard. To assist local governments and federal and state agencies controlling land use activities in the region to implement federal and state water quality goals. To improve public awareness of water quality conditions in the region, the extent to which those conditions can be affected by land use activities, and how individual actions can protect and improve water quality. 1.3 Policv Justification Pollution of the region's waters may constitute a menace to public health and welfare, may create public nuisances, may be harmful to wildlife and aquatic life, and may impair beneficial uses of these waters. Colorado State Statutes have been. written "To protect, maintain, and improve where necessary and reasonable, water quality for public water supplies, for protection and propagation of wildlife and aquatic life, for domestic, agricultural, industrial, and recreational uses" (CRS 25-8-102). High quality waters are valued by the citizens of the region. We recognize the necessity of protecting the existing uses for the benefit of ourselves, our visitors, and future generations. We recognize that it is in our best interest to protect, maintain, and improve where necessary and reasonable, the waters of this region. V I-18 . 9.4 ~mp9erneratation Recommencfa4ions 1.4.9 Meeg Exustung Water Qua9ity Standards The V1/ater Quality Control Commission has divided the surface waters of this region into sfiream segments, assigned designations, classifications and set water quality standards. The six watershed plans in Volume II identify the.existing designations, classified uses, and water quality standards in each of the watersheds. These designa4ions, classifications and s4andards are incorporated herein by reference and should be me4 4hrough all actions of designated managemen4 agencies, as identified in Policy 6. NWCCOG, after consultation with designated management agencies, will recommend selected revisions to these standards at triennial reviews scheduled by the Commission. Waters which will be examined prior to that time are Green Nlountain Reservoir, Tenmile Creek, Peru Creek, and the Eagle River. 1.4.2 Recommend Ree6sions to Water Qua9ity Standards, Classifications, and Desagnatsons Recommended revisions to water quality standards are an element of 208 Plans under State Guidelines for the Continuing Planning Process. Existing designations, classifications, and standards are documented in Section 8.1 of each of the watershed water quality plans. This section (1.4.2) summarizes Region XII's recommended revisions to the existing water quality standards, designations, and classifications. Further discussion on each of these recommendations can also be found in the appropriate watershed plan's discussion on water quality standards. 1.4.2.1 Special Water Quality Standards No new special water quality standards, such as control regulations, are recommended. 1.4.2.2 Streams 1/Vhich Should be Investigated for Outstanding Waters Designation in Region XII The following streams are recommended for investigation as to appropriateness of designa4ion as "Outstanding V1/aters" (no degradation allowed). Currently these streams are designa4ed as "Reviewable 1/Vaters" (antidegradation review applies to these waters). V I-19 Blue River Watershed Streams in the Gore Range/Eagle's Nest Wilderness (Blue River Segment 16) Streams in the Ptarmigan Wilderness Area (a new segment needs to be created for this as no good segmentation for this area currently exists) Colorado River Watershed Streams in the Never Summer and Indian Peaks Wilderness Areas (Upper Colorado River Segment 5) Streams in the Ptarmigan Wilderness Area (no good segmentation currently exists for this area and a new segment would have to be created ) Eagle River Watershed Streams in the Gore Range/Eagle's Nest Wilderness (Eagle River Segment 1) Streams in the Holy Cross Wilderness (Eagle River Segment 1) Yampa River Watershed The Elk River from its source to Glen Eden (Yampa River Segments 8 and 10) Little Snake River tributaries in the National Forest (Yampa River Segment 19) 1.4.2.3 Use-Protected Waters in Region XII Stream segments currently designated "Use Protected" (discharges in these segments are not subject to antidegradation review) are listed in the appropriate watershed plans. No changes are recommended to those stream segments. 1.4.2.4 Changes to Temporary Modifications in Region XII Existing stream segments with temporary modifications are identified in the appropriate watershed plans in Volume II. The following changes to temporary modifications of numeric stream standards are recommended. Blue River Watershed Deer Creek in Summit County (tributary to the Snake River (Blue River Segment 9). This temporary modification is incorrect and should be dropped. The temporary modification should be applied to the Snake River from the headwaters to the confluence w/ Deer Creek (part of Blue River Segment 6). ° See the Blue River Water Quality Assessment for further information on this segment. Colorado River Watershed Mainstem of Rock Creek in Grand, Routt, and Eagle Counties - confluence with Colorado River in Eagle County below McCoy - mercury (Upper Colorado River V I-20 Segment 7b). This fiemporary modification is mosf likely due 4o flawed data. A review of recent (1987 - 1994) USGS data indicate that this stream segment meets the Table Value Standards for mercury. This 4emporary modification should be dropped. 1.4.2.5 Designated Uses Recommendation Designa4ed Uses include: domestic water supply; agriculture; recreation; and aquatic life. No changes in designated uses are recommended to 4he stream segments in Region XII. 1.4.2.6 Designated Use Impairment Recommendations fViost of the waterbodies in Region XII are designafied "Fully Supporting", meaning 4ha4 the classified uses of those waterbodies (which can include: aquatic life; water supply; recreation; and agriculture) are not measurably impacted by water quality. Other waterbodies have been designated in various manners to require special consideration and advanced wastewater 4reatment for particular pollutants. Stream segments in the region with known or potential water quality problems have been identified by the Water Quality Control Division and are identified as either Water Quality Limi4ed, Partially Supporting, or Not Supporting Designated Uses. These are identified in each of the wafiershed plans in Volume II under the Water Quality Standards section. The existing designated uses of each stream segment are listed in the appropriate watershed water quality plan in Volume II under the Water Quality Standards section. The State's "Status Of 1/Vater Quality in Colorado" or 305 (b) Report to the EPA lists waters of the state which have been identified as "VVater Quality Limited" or designated "Use Impaired". Below are listed recommended changes to that list for stream segments in Region XII. 1.4.2.6.1 VVa4er Quality Limited - Allocated Segments The State's criteria for V1/ater Quality Limited, Allocated Segments is that the designated uses are not measurably impaired, but the assimilative capacity of the segment has been (or should be) allocated. If additional growth occurs in the areas served by the current treatment facilities, or additional wastewater treatment plants V I-21 will discharge to the same segment, or stream flows are reduced, more restrictive limits will be required for some or all dischargers. No changes are recommended to the Designated Use Impaired List for the Water Quality Limited, Atlocated segments. 1.4.2.6.2 Water Quality Limited - Potentially Threatened The State's criteria for these segments is that the designated uses of these waters are not measurably impaired due to water quality, but assessment information or water quality based controls indicates the potential for impairment of the designated uses in the near future. The existing Water Quality Limited segments are listed in the appropriate watershed water quality plan in the Water Quality Standards section. Recommended changes to this list are below. Data supporting the recommended changes can be found in the appropriate watershed Water Quality Management Plans and Appendices. Point sources - Uses of the following segments would be threatened if only secondary treatment were applied: Blue River Watershed Dillon Reservoir (Blue River Segment 3) Nutrients - this segment is incorrectly identified as threatened by point source phosphorus discharges. This segment is threatened by nonpoint source phosphorus loads, not by point source discharges (see the Blue River Watershed Water Quality Plan for details). Green Mountain Res. (Blue River Segment 17) Nutrients - this segment is incorrectly identified as threatened by point source discharges. This segment is threatened by hydrologic modifications, not point source nutrient discharges (see the Blue River Watershed Water Quality Plan for details). Colorado River Watershed Colorado River tributaries from Lake Granby to Roaring Fork (Upper Colorado River Segment 4) - Salinity - this segment is incorrectly listed. There are areas identified in the Upper Colorado watershed plan which contribute significant amounts of salinity to the Colorado River, but to identify all of the tributaries as contributing is misleading. The following river segments shauld be added to the list as identified as being threatened by Nonpoint Sources - Hydrologic Modifications V I-22 Blue River Eagle River Upper Colorado River - Fraser River. Nonpoint Sources - Threatened by Construction and Urban Runoff Colorado River VVatershed Colorado River -State Bridge to Roaring Fork (Upper Colorado River Segment 5) - Sediment - this designation is incorrect. There are areas identified in the Upper Colorado watershed plan which contribute significant amounts of sediment 4o the Colorado River, but to identify 4he entire segment threatened by urban and construction runoff is incorrect. Nonpoint Sources - Threatened by ? Blue River 1/Vatershed Deer Creek (Blue River Segment 9) - Nletals - Deer Creek has good water quality - the correc4 segment which is impacted by metals is the Upper Snake River. Blue River Segment 9 should be identified as the Upper Snake River from the headwaters to the confluence with Deer Creek, which is partially supporting desgnated uses due to mining and natural geology. Colorado River 1/Vatershed Muddy Creek (Upper Colorado Segment 6a) Metals? V1/illiams Fork River (Upper Colorado River Segment 8) - Metals. Recent wra4er quali4y da4a, as discussed in the watershed plan, does not show a metals problem on this segment and this designation should be removed. 1.4.2.6.3 Water Quality Limited - Partially Supporting The partially supporting designation means that there is some interterence with designated uses, but the use(s) is not precluded. The existing "Partially Supporting" identified segments are listed in the appropriate wratershed water quality plan in the Water Quality Standards section. Below are the recommended changes: Nonpoint Sources - Impaired by ? Blue River Vllatershed Tribu4aries to Blue River between Dillon Reservoir and Green fViountain Reservoir - there is no data indicating that this segment is not fully supporting all classified uses (listed as impacted by nutrients, sediment in 1994 305b). This designation should be deleted. V I-23 Eagle River Watershed Milk and Alkali Creeks (Eagle River Segment 10) - this segment is impaired due to highly erosive soils and historic grazing practices. Water quality impacts are related to sediment and salinity loads. 1.4.2.6.4 Water Quality Limited - Not Supporting Water designated "Not Supporting" are waters where designated uses are measurably impaired because of water pollution. The use may be present, but at a significantly reduced level from full support in all or some portion of the waterbody. The existing "Not Supporting" identified segments are listed in the appropriate watershed water quality plan in the Water Quality Standards section. Below are the recommended changes: Upper Colorado River Watershed Colorado River tributaries (from Lake Granby to Roaring Fork -Segment 4). This segment is identified as Not Supporting - sediment" (1994 305b). There is no data which indicates that the entire segment is not supporting classified uses. There are known areas of sediment impacts to this segment, but this identification needs further refinement 1.4.3 Irraplement Local Governmental Land Use Controls At this time nonpoint source management is primarily the responsibility of local government entities which have been delegated land use authority. Several counties and municipalities have adopted regulations designed to address, in a manner consistent with state law, water quality impacts associated with water development projects. Many entities have also implemented regulations that require Best Management Practices for construction activities and require stream setbacks. These regulations should be more consistently adopted, better articulated, and fully implemented throughout Region XII. 1.4.4 Implement Water Quality Improvement Projects Designated management agencies, local, state, and federal interested parties are encouraged to initiate and participate in water quality improvement projects, as identified in Section 4.2 of the watershed water quality management plans in Volume II, especially for those waters currently not meeting designated uses and with temporary modification standards. V I-24 1.4.4.1 Inactive fifiine Water Quality Improvemen4 Projects Historic mining activities in Region'Xll have lef4 mine and mill tailings, spoil piles and inactive mine workings which cause water quality degradation through acid mine drainage. 1Nhile 4hese mines were operated according to standards accepted a4 4he time, 4hese inactive mines often contribute 4o water quality problems. Local governments and NWCCOG are working with 4he Colorado Water Quality Control Division and the Division of Minerals and Geology to improve water quality where impacts have been iden4ified. Public and private sector cooperative efforts should be undertaken to reclaim these sites and to minimize long term water quality impacfis. Specific site projects are listed in the appropriate watershed plan in the Vllatershed Water Quality Improvement Projects section. NWCCOG is participating in the State's Mining Water Quality Task Force which has been organized to address bo4h historic and current water quality issues related mining activities. A number of outcomes could result from the Task Force's activities, including recommended regulatory or policy changes at the state level. V I-25 POLIGY 2. WATER USE AND DEVELOPMEIVT 2.1 Policv Statement The use and development of the waters of the region shall maintain the quality necessary to protect current and classified uses, including water quality levels necessary to comply with the State's antidegradation regulation. 2.2 Policv Obiectives To ensure that water development activities do not have a significant adverse effect upon the region's water resources, such as increasing pollutant concentrations at point source discharges, increasing salinity, or aggravating nonpoint source pollution problems. To protect existing local, state, and federal investments in wastewater treatment facilities by mitigating additional treatment costs caused by hydrotogic modification. To ensure, through participation in the planning, design, and operation of reservoirs, that the quality of impounded water will be suitable for its intended use and that discharge downstream will not significantly degrade water quality. To ensure that water is used efficiently for the public benefit and advantage of the people of the state of Colorado. To ensure that water conservation is practiced in order to reduce the need to divert water. 2.3 Policv Justification The diversion of water and its application to beneficial use can have an impact on water quality. Water diverted and consumed or stored for later use decreases natural stream flows, which in turn reduces the dilution flows for natural pollutants, diminishes the assimilative capacity of the stream, and changes the shape and size of the stream channel. The challenge is balancing all current and future beneficial uses, whic), include domestic, agricultural, industrial, environmental, recreational and aesthetic considerations. With respect to water and wastewater treatment plants, reductions in stream flow affect treatment in two ways: they increase the concentration of natural pollutants as they enter the plant; and they decrease the assimilative capacity of the stream. The instream flows in the region do not obviate the need to treat wastewater to a high V I-26 level, and most wastewater 4reafiment plants in Region XII are tertiary treatment plants vvhich treat wastewater to the highest level technically and financially possible. As the population of the State grows, so will the demand for additional water. supply. The Front Range's primary source of supply comes from the waters in Region XII. Numerous conditional and absolute wrater rights are held by Front Range municipalities in Region XII, in the Blue, Eagle, Roaring Fork, and Upper Colorado wa4ersheds. The great concern with this type of diversion (transbasin) is that the water removed is completely lost to that basin (100% consumptive use). In other vvords, 4here are no return #lowrs to the stream 4hat the water is diverted from. Accordingly, wastewa4er treatment costs increase in the basin. Also, transbasin water diversions take place relatively high in the watershed, and thus divert the highest quality water from the basin. In-basin water use may also raise water quality concerns. Included in these concerns are: conversion of agricultural water 4o municipal use (loss of groundwater recharge); change in timing of return flows (specifically related to snow making); and "dewatering" stream segments between water diversion and wastewater return points; and the consumptive use of various beneficial water uses. Additional information concerning water use and development can be found in Chapter 4.2.2 of Volume II and in the individual Watershed Water Quality Assessments in Chapter 8. 2.4 BmpBernentation Recommendations fVlitigation of signifiicanfi negative water quality impacts associated with water use and development should be required by the appropriate local permitting agency, pursuant to its land use authority. Local governments should ensure their ability to review and permit these activities. Where a federal permit is required for a water development activity, water quality impacts in Region XII caused by hydrologic modifications should be analyzed and mitigated to the extent required under federal lawr. The Colorado VVa4er Conservation Board should be encouraged fio es4ablish instream flows and acquire the water rights necessary to protect those flows, in cooperation with other water users' efforts (which should be acknowledged) to provide instream flows which protecf the environment to a reasonab;e degree. Proponents of water development projects should be encouraged to cooperate in providing the minimum filow based on methods used in determining effluent limits wherever possible so that project related increases in wastewater treatment costs are avoided. V I-27 The salinity effects of water development activities in the region should be addressed in accordance with 4he Colorado River Basin Salinity Control Forum's triennial plan implementation. Impacts to other users not addressed by the Forum, such as the those in the Grand Valley should be considered as well (discussion on this issue can be found in the Regional Water Quality Assessment Section of Volume II). Establishment of incentives for improved water efficiency efforts, including but not limited to conjunctive use agreements, water banking, credit for stream flows, etc., should be encouraged. The Colorado Water Conservation Board is the appropriate agency for coordination of these types of activities. Local governments and special districts should encourage water conserving landscaping through land use regulations and incentives. Incentives should be provided where practicat, to encourage retrofitting of existing buildings with water saving devices. Appendix 10 contains a model local water efficiency regulation. Municipal and county land use regulations should update water supply criteria applied to new residential and commercial development to require that water supply plans utilize water resources that are long-term and sustainable through the use of renewable supplies, conjunctive use, or augmentation. Local governments should request the assistance of the Colorado Division of Wildlife in the assessment of site specific and cumu?ative impact of water development associated with land use activities on aquatic and related habitat. These assessments should be used to minimize impacts to the aquatic environment and related habitat. Entities which depend on groundwater for domestic water supplies should develop a wellhead protection program in conjunction with the Water Quality Control Division's Wellhead Protection Program. Municipalities should develop a watershed protection program pursuant to CRS 31-15-707(1)(b). Stream restoration projects which address the impacts of hydrologic modifications. are strongly encouraged (specific recommendations are listed in the individual watershed water quality management plans in the Watershed Improvement Projects Section). V I-28 - POLMY 3e LAND USE i4ND DaSTIJRBAtVCE 3.1 Policv Sta4emeng The surface and groundwaters of the region shall be protected from land uses and management practices which could cause significant degradation' of water quality or impair the natural protec4ion and/or treatment processes provided by wetlands, floodplains, shorelines, and riparian areas. 3.2 Policv Obiectides To minimize 4he site disturbance on lands adjacent to surFace waters, wetlands, and riparian environments in order to protect water quality. To ensure 4hat activities such as development, logging, mineral extraction, solid waste disposal, agriculture, and all other land use practices do not cause significant deterioration of vvater quality or significantly disturb the region's surface and groundwaters. To establish the basis for protection of critical water environment zones through land purchase or other available programs. ' To enhance public knowledge of the importance of maintaining vegetative cover and stream side setbacks to protect water quality. To promote water quality as an important consideration in making decisions on the location and extent of areas to be served by public facilities and services. To ensure tha4 the general public will not be required to bear unnecessary construction and operating costs of extending facilities and services into and through areas where adverse water quality impacts may occur. To assis4 local governmenfs in guiding future growrth and devefopment activities to areas where impacts on water quality will be minimized and/or controllable. To recognize forest management practices which minimize fire fuel buildup and control wildfire, disease and insect infestations as a viable long-4erm water quality management stra4egy. ' The definition of "significant degradation" is that used in the "Basic Standards and Methodologies for Surtace VVaters" regulation of the Water Quality Control Commission (5 CRR 1002-8, 3.1.8 (3)(c)) (see glossary and Appendix 6). V I-29 To ensure compatibility of investment policies for public facilities with other environmental protection programs (e.g. floodplain protection). To assist local governments in controlling soil disturbance and earth movement where significant water quality impacts may occur. To control the creation of new impervious cover throughout the region to enable continued groundwater contribution to streamflow during low flow conditions and to minimize flooding impacts from increased surface runoff. To recognize and protect irriga4ed agriculture as an important groundwater recharge mechanism for sustaining stream flows during critical low flow periods and to encourage the minimization of pollutants returning to the stream. To ensure that the cumulative impacts of development activities in the region will not cause storm drainage and floodwater patterns to exceed the capacity of natural or constructed drainage ways. To ensure that future development activities provide for the storage, treatment, and removal of pollutants to control their transport by storm runoff into streams, river-and lakes. To encourage the use of non-structural controls in managing stormwater. 3.3 Policv Justification The purpose of this policy is to snsure that a balance exists between the protection of water quality and land use and development and to minimize the conflicts between the two. Individuals exercising their private property rights should not- - endanger the public health, welfare, and right to enjoy and use our common natural resources, such as high quality water and aquatic life. It has been fundamentally established through the US Court system that no individual has an absolute right to use their property to the detriment of others. Communities can legitimately insist that development be done in a manner which will not compromise their citizens' quality of life. Land use practices have impacts on water quality. The water pollutants of concern with respect to land use practices include: sediment, nutrients; animal wastes; heavy metals, petroleum products; salts; pesticides; and the loss of natural protection from these pollutants (such as loss of wetlands and riparian vegetation). These pollutants are nonpoint source in origin, i.e. typically enter the waterbody via diffuse runoff. V I-30 Generally ifi is more cost effec4ive 4o prevent water quality impacfis than to treat water quality impacts. This is especially true with respect to land use impacts on water quality. The most effec4ive vvay of addressing land use impacts is through the development, consistent application, and enforcement of local regulations and incentives to minimize water quality problems from runoff. iVlost of the Implementation Recommendations consist of Best Management Practices (BMPs), both s4ructural and nonstructural. No single BMP can be applied to all land disturbance sifiuations, and all BiVIP options require careful site assessmen4 prior to design. Provisions of 4his policy should be implemented as deemed locally appropriate 4hrough adoption and enforcement of development review procedures. Nlodel local water quality pro4ection codes are contained in Appendix 10. Examples of Best iVlanagement Pracfiices for land use and disturbance activities (including agriculture) are contained in ,4ppendix 11. 3.4 UmpVernentation Recomrnenclations Local governments should adopt horizontal building setbacks from all stream channels, flood plains, wetlands, shorelines and other riparian areas. The minimum recommended soil disturbance setback is 25 feefi. Greater setbacks are encouraged and should consider 4he following: a Soil permeability and erodability (soil type); o Slope; o Cover conditions; and o Intensity of adjacent land use. No vegetation should be removed, or soil disturbed or covered, within 25 feet of a wetland, stream, lake, or other wa4erbody. Where such disturbance is unavoidable, offsetting mitigation measures should be employed, such as preventing direct runoff into the stream, detention or infiltration of runoff, prompt revegetation with native species, etc. iViodification of stream channel cross sections and encroachment shall be accomplished in a manner that prevents stream channel impacts upstream and . downstream after modification. Best Management Practices (BNiPs) for agricultural activities are recommended for minimizing water quality impacts from these activities. Examples of BMPs can be found in Appendix 11. V I-31 Critical stream environment zones, floodplains, wetlands, riparian areas, and reservoir shorelines for public uses should be protected through zoning or acquired through conservation easements, land exchanges, transfer of development rights, or similar resource protection techniques. Wetlands disturbance should be avoided. Where such disturbance is unavoidable, offsetting mitigation measures should be employed, such as preventing direct runoff, detention or infiltration of site runoff, and construction of new.wetlands or enhancement of existing "poor quality" wetlands. Planning for public or private infrastructure and investments should be made to avoid floodplains, wetlands, riparian areas, steep erodable slopes, and geologic hazard areas whenever feasible. Where the potential for water quality impacts exist, the following requirements should be applied to any land use activity: ? Erosion control plans: development activities involving soil disturbance and earth movement should be required to provide erosion control plans. • Disturbance management and revegetation plan: this plan should include details of vegetation disturbance activity (schedule, area involved, equipment to be used, etc.) and a description of all measures to be taken during and following disturbance to minimize water quality impacts, including monitoring to determine effectiveness of the measure taken. * Timing of disturbance: whenever possible, disturbances should be planned to occur at those times of the year when water quality impacts will be minimized. Disturbances immediately prior to or during the winter season require particular consideration of the period before the site can be revegetated. ? Area controls: consideration should be given to limiting the area of disturbance which occurs at any one time, particularly in locations where water quality impacts may be severe, such as on moderate to steep slopes having slowly permeable soils. - ? Equipment: methods for vegetation disturbance should be selected to minimize water quality impacts. For example, clear-cutting should be restricted to relatively small acreages in deep snowpack areas and heavy logging equipment should be restricted on steep slopes where severe erosion hazards may exist. o Stabilization during disturbance: soil erosion controls and protection of surface waters should occur promptly after vegetation disturbance. * Monitoring during disturbance: regular inspections should be made of the disturbed site to ensure that the operation is in conformance with the vegetation disturbance plan and that water quality impacts are being controlled to the maximum extent possible. • Post-disturbance monitoring: inspections of the disturbance site after completion of the operation are necessary to ensure that measures to control V I-32 , water quality impac4s are effecfive and to determine if remedial actions are required. o Performance bonds should be imposed 4o ensure 4ha4 erosion control plans, including promp4 and successful revegetation ofi disturbed areas, are implemen4ed. o Building restric4ions on slopes greater than 30% should be considered as a means of limiting the water quality impacts of soil disturbance. iViinimization and disconnection of impervious surfaces created as a result of cons4rucfion of parking lo4s, buildings, roads, vegetation and soil removal; and other development activi4ies, is recommended to ensure groundwater recharge in areas where development occurs. The greatest restrictions on impervious cover are recommended for groundwater recharge areas of regional importance and areas of high precipitation, where groundwater recharge will have 4he highest contribution to groundwater supplies and surtace water base flows. The Colorado Water Quality Control Division's Wellhead Protection Program has information on these areas. Stormwater detention should be required to minimize flooding, to maximize infiltration, and 4o minimize water quality impacts from impenrious surface contaminants. Stormwater discharges should result in no significant increase in 4otal pollu4ant loadings. Land use activities should be regulated to maintain hydrologic characteristics of the development site similar to those of its pre-development condition. Drainage plans, including calculation of storm runoff volumes and velocities (before and after development) using accepted hydrologic calculation procedures, should be required. Direct discharge of stormwater to a lake, stream, or drainage way should be prohibited. Infiltration into the groundwater, detention, or passage over 100 feet of grassed waterway should be considered an acceptable treatment mechanism. Siting and construction of roads and highways should be done in a manner which considers and minimizes water quality impacts. Local governments should request the assistance of the Colorado Division of Wildlife in the assessment of site specific and cumulative impact of subdivision development on aquatic and related habitat and these assessments should be used to minimize impacts to the aquatic environment and related habitat. Efforts to protect water quality typically provide additional benefits 4o wrildlife, such as habitat protection. Local governments should request the assistance of the Colorado Division of Wildlife's assistance in fihe development of wratershed management plans which address wildlife management, wildlife-based recreation and wildlife habitat V I-33 preservation. These ptans should be incorporated into the local master or comprehensive plans, and federal management plans. V I-34 POL~CY 4. DOM~ST8C, MUIVICIPi4L AND IIVDUSTRBAL WiASTE TREATMENT 4.1 Po9icv Statement Decisions to locate water supplies, wastewater treatment systems, and other facilities will be made in a manner which protects water quality. Decisions regarding facility location shall also recognize the protection of floodplains, geologic hazard areas, wildlife habi4a4s, wetlands, shorelines, and agricultural land. Plans fior facilities which divert water or discharge wastes will be coordinated with existing facilities 4o protec4 wafier quality. 4.2 Po9icv Obiectaves To ensure that all land use activities have adequate facilities to collect, treat, and dispose of anticipated types and quantities of wastewater. To ensure 4ha4 the discharge of any water pollu4ants from waste treatment facilities industrial or commercial processing activities or mine waste tailings ponds meet the assigned conditions of its discharge permit so as to comply with stream standards - as established by the Colorado Water Quality Control Commission. To ensure the wasteload allocations for point source discharges are met throughout the region through upgrading of existing treatment facilities and planning and construction of new facilities as required. To ensure that development of solid waste disposal sites including residuals from wastewater treatment is conducted in accordance with sound consenration practices giving consideration 4o potential pollution problems inherent in proposed sites. To recognize the sensitivity of regional and local groundwater aquifers to pollution from waste discharges cr seepage from waste disposal sites and septic system leachate. To avoid the proliferation of wastewater treatment facilities and/or wastewater treatment agencies where practical alternatives exist. To ensure 4hafi wastewrater treatment fiacilities are properly operated and maintained by a responsible operating entity. To seek the most cost-effective approach to limita4ion of critical pollutants by examining 4radeoffs between point and nonpoint sources. V I-35 4.3 Policv Justification ` The purpose of this policy is to ensure that public facilities be sited and constructed with consideration of water quality impact minimization, while recognizing financial limitations. The communities of the region have been extremely supportive of protection of water quality through the funding of well constructed, operated, and maintained wastewater treatment facilities. Careful planning of public infrastructure is needed to assure that maximum public benefit is attained with available funds. With the passage of the "Tax Payers Bill of Rights" Amendment (Article 10 Section 20 of the State Constitution), it is necessary to assure that the limited funds available for public projects be put to their best use while minimizing environmental impacts. 4.4 Implementation Recommendations The wastewater treatment planf Site Application process will include a coordinated review by appropriate management entities within the watershed. Local governments should identify floodplains, geologic hazard areas, wildlife habitats, wetlands, riparian areas, shorelines and signicficant agricultural lands. Public infrastructure and investment decisions should be made to encourage land use that avoids floodplains, wetlands, riparian areas, steep erodable slopes, and geologic hazard areas. Wasteload allocations have been adopted or proposed for most of the major subbasins in the region. Continued tracking by the Water Quality Control Division ; to insure that appropriate allocations are in place, will ensure continued point source impact minimization. Subsurface disposal systems are a growing problem in Region XII. With reduced federal funding, individual sewage disposal systems are likely to see increased use. Thorough state, regional, and local reviews are needed for proposed systems. Proper design, maintenance and proper disposal of septage needs to be ensured through regulatory review. Wastewater treatment with individual sewage disposal systems should be managed by encouraging clustering small scale subsurface systems. Innovative operation and management approaches, such as pressure sewers, should be explored. Where site conditions require wastewater collection and central treatment, efforts should be made to consolidate treatment plants. Consideration, however, needs to V I-36 . be given to pro4ection of instream flows. Every effort should be made to consolidate management agencies and special district boundaries, where possible and financially beneficiale A4 a minimum, proper long-term operation and main4enance should be provided by a responsible operating en4ity. NINCCOG should peti4ion 4he Water Quality Control Division to apply stringent requiremen4s 4o fiuture operation plans for proposed facilities during site application review. Full compliance wi4h 4he Colorado Operator Certification Act should be required. The state should emphasize the legal responsibility of the plant owner to support 4he plant operator with timely repairs and reimbursement for operations. The s4a4e should promptly begin enforcement actions for chronic poor operation of treatment facilities. The use of pollutan4 trading should be examined by the Water Quality Control Commission. During facility planning and drafting of Colorado Discharge Permits (CDPS), 4he cost-effectiveness of controlling nonpoint sources of critical pollutants should be considered. Dischargers should be given credit towards CDPS limits for removal of critical point source pollutants from nonpoint sources. As an example, if it is cheaper for a discharger to remove two pounds of a nonpoint source pollutant from an upstream area, the CDPS might allow the permittee to discharge an addifional pound of pollutant at the facility. The current recommendation as set forth in Policy 6 and the Management Chapter in Volume II (Chap4er 5) calls for general purpose local governments to act as the water quality management agency except where sanitation districts provide wastewater treatment services. In those cases, management agency functions will be performed by the agency in a position to provide effective water quality control. All recommended agencies have the authority and the capability to carry out their assigned responsibilities. No additional regulatory authorities are considered to be needed at this time because the perFormance of these recommended management agencies has been excellent to date. Biosolids generated by municipal and industrial wastewater treatment plants should be disposed of and/or beneficially re-used according to a disposal plan approved by the Colorado Department of Public Health and Environment, and the County. The Colorado Departmenf of Public Health and Environment has developed a mandatory system of approval for disposal sites and disposal methods. Re-use of biosolids is strongly encouraged Ls an alternative to landfill disposal. Efforts 4o beneficially use biosolids should be supported by local governments. V I-37 POLICY 5. CHE9VIICAL MANAGEIVIENT 5.1 Policv Statement The surface and groundwaters of the region shall be protected from the uses of pesticides, fertilizers, algaecides, road deicing and friction materials, and other chemicals which would temporarily or permanently cause a significant degradation of water quality conditions or impair the current or classified uses. 5.2 Poticv Obiectives To ensure that the appropriate amount, rate, and scheduling of pesticide, fertilizer, and road deicing and friction applications are determined and applied to protect the region's water quality. To ensure that pesticides, fertilizers, road sanding materials, and hazardous chemicals used in the region are properly stored, transported, and handled during both normal and emergency operations. To ensure that potentially hazardous household wastes are disposed of in a manner that will minimize risk to the region's water resources. 5.3 Policv Justification Pollution prevention is acknowledged as being the most cost effective means for protecting water quality. The implementation recommendations below focus on Best Management Practices which prevent or minimize the entry of pollutants into the region's ground and surface waters. Most of these practices require planning and coordination, but reduce the long-term costs of chemical application and environmental remediation. 5.4 Implementation Recommendations Decisions about limitations and management of agricultural, industrial, and domestic chemicals should be based upon preparation of carefully designed pest control and nutrient management plans reflecting integrated approaches to pest control and detailed soil testing and plant analyses. Appropriate Management Agencies will encourage education efforts in cooperation with the Natural Resources Conservation Service and State Extension Service to inform the public and other users of fertilizers and pesticides concerning the appropriate use and alternatives to the use of these materials in order to minimize water quality impacts. V I-38 Application of road deicing and friction materials should be conducted throughout 4he region in accordance with 4he followring recommenda4ions: o Sanding materials and chemical apptication rates should be the minimum necessary to obtain safe and efficient operation of streets, roads, and highways. * Salt and other chemicals should be applied only when removal of snow and ice cannot be accomplished by blading, plowing, or sanding. It is acknowledged 4hat a balance may need to be found with respect to environmental tradeoffs, for example the use ofi pre-storm application of compounds to decrease the sanding needs versus mechanical removal. ~ IVieasures should be taken to minimize and mitigate the use of sand and chemicals in and adjacent to environmentally sensitive areas inctuding: streams; lakes; ponds; wetlands; potential aquifers; and flood prone areas. 0 Chemically treated or sanded snow and ice will not be dumped or stored where melfi can filow directly into surface waters. Consideration for placement of snow storage areas shall consider water quality issues, including the state requirement that direct discharges of snow storage areas to waterbodies require a Colorado Discharge Permit. The Colorado Depar4ment of Transportation, counties, and municipalities should iden4ify alterna4ives which reduce the need for, or amount of, road sand and salt, including alternatives to car and truck forms of firansportation. The most promising of these alternatives should be demonstrated at sites throughout Region XII. Local governments should enact regulations 4o require 4hat storage and handling of hazardous substances be conducted in accordance with the following general guidelines: o All materials should be kept in appropriate containers and /or under cover, well protected from precipitation and stormwater flows. o All storage areas should be kept clean of spilled material. o Handling and moving of materials should be limited as much as possible. * Only "reasonable" quantities of toxic materials should be kept on hand. o Hazardous substances should not be stored on potential aquifer recharge areas and unstable slopes. Restrictions should be extended to flood prone and other geologic hazard areas. o Storage, handling and transporting of large amounts of hazardous substances should be tracked and monitored 4hroughout the region by the local fire departments or designated emergency response provider. Entities which depend on ground and surface waters for domestic water supplies should develop appropriate protection programs, such as a wellhead protection V I-39 program pursuant to Section 1428 of the Safe Drinking Water Act or a watershed protection program pursuant to CRS 31-15-707(1)(b). The communities and solid waste disposal facilities in the region should encourage responsible disposal of household hazardous wastes (oil, paint, acids, pesticides, etc.) through public education outreach. Development of a region-wide hazardous materials disposal program is encouraged. The communities in the region should encourage waste minimization and source reduction programs through public education and outreach. V I-40 a . pOUCY 6e MAN64GEMENT SYSTENB 6.1 Policv Statement The surface and groundwaters of the region shall be protected by a management agency structure wrhich recognizes 4he existing governmental and regulatory framework and allows decisions and management at the most appropriate level of control. Especially with respec4 to nonpoint source poltufion prevention, the recommended level of management is at fhe watershed level (municipality and county driven). 6.2 Polacv ObiectAdes To address water quality pollution issues at the most appropriate level of authority To address water quality pollution issues using existing governmental and regulatory structure where it is appropriate. 6.3 PoYicv Justificatiora 6.3.1 Backgroaaovd The federal Clean Water Act requires 4he governor of each state to designate management agencies responsible for carrying out the provisions of approved water quality management programs. Once designated by the governor and approved by the Fdegional Administrator of EPA, functional responsibility for carrying out the provisions of the water quality management plan is legally assigned to that entity. Further, the Federal Clean Vl/ater Act specifies that: o Future construction grants for wastewater treatment facilities under Section 201 of the Act will be awarded only to entities who are designated as management agencies. o No discharge permit will be issued which is in conflict with the recommendations of an approved 208 Plan as updated by the designated planning and management agencies. 6.3.2 'H'he Designataon Process The designation of managemenfi agencies establishes part of the legal basis for delegation of authorities necessary to carry out the recommendations of 1Nater V I-41 k Quality Management Plans. The management agency structure recommended by , NWCCOG is described in Table 3. In 1989, the Water Quality Coritrol Commission approved the NWCCOG management agency recommendations on the following condition: Prior to submission of the current plan to the Governor and EPA, specific management agencies shall be identified for each specific service area. Special districts may seive as management agencies only if acting cooperatively with a general purpose government, pursuant to identified intergovernmental agreements. 6.4 Implementation Recommendations The following water quality management agency structure (Table 3) is recommended for implementation of the NWCCOG Regional Water Quality Management Plan. Table 3. Recommended Mana ement A enc Structure Activity and Policy Management Agency Areawide Water Quality Planning Northwest Colorado Council of Governments ~ Local Land Use Planning Counties and municipalities Policy 1. Water Quality Recommend water quality standards revisions NWCCOG, counties, municipalities, special districts Policy 2. Water Use and Development Issue 1041 Permits Counties and Municipalities Issue Special Use Permits / Right of Ways USFS, BLM, Counties Issue 404 Permits US Army Corps of Engineers Issue 401 Certification Colorado Water Quality Control Division Policy 3. Land Use and Disturbance Encroachment Counties, municipalities, special districts, federal • land management agencies Public Facilities Counties, municipalities, special districts, federal land management agencies, Colorado Department of Transportation (CDOT) Vegetative Disturbance Counties, municipalities, federal land management agencies, Natural Resource Conservation Service Soil Disturbance Counties, municipalities, federal land management agencies, Natural Resource Conservation Service Issue 1041 Permits Counties, municipalities Impervious Cover Counties, municipalities Stormwater Counties, municiaplities V I-42 Policy 4. Domestic, Municipal and Industrial 1Nastes Issue Colorado Discharge Permits VVater Quality Con4rol Division Approve Site Applications Water Quality Control Division Review Site Applications IVWCCOG, counties, municipalities, special districts Isssue 1041 Permits Counties, municipalities Biosolids Applications V1/ater Quality Control Division, Counties Colorado Dept. of Public Health and Environment, Landfill Site Approvafs Counties - Hazardous AAaterials Division Policy 5. Chemical NAanagement Spill Prevention and Cleanup Colorado Department of Public Health and Environment, CDOT, municipatities, special districts Note that federal land managers (USFS, BLM, NPS) are also recommended as management agencies for all policies on lands which they manage. All recommended management agencies hold the needed authority to carry out their responsibilities and have been satisfactorily fulfilling these roles. A4 4his time, although all sanitation districts consider themselves to be management agencies, the following districfis operate under an intergovernmental agreement: Breckenridge, Frisco, Kremmling, Morrison Creek As other intergovernmental agreements (IGA) develop, they will be forwarded to the Commission. The following general purpose governments have municipal wastewater treatment facilities under their jurisdiction, and therefore do not require an IGA: The Towns of Eagle, Gypsum., Hayden, Hot Sulphur Springs, Red Cliff, Routt County (fVlilner, Phippsburg), Silverthorne, Steamboat Springs, Summit County (Snake River), and Yampa. Sanitation districts should enter into agreements with their local general purpose governmental body which indicates their resolution to act as the management agency responsible for controlling point source discharges consistent with the 208 Plan, and agree fio abide by the local government's regulations with respect to nonpoint source control of water pollutants. ,4s is explained in Volume II of this Plan, 4he VVater Quality Control Commission is vested by the State Legislature with the power to classify state waters, promulgate water quality standards, promulgate control and permit and regulations, and review classifications, standards and control regulations. Any individual or entity can, at the appropriate time, reques4 the Commision to review classifications, standards, or V I-43 . regulations, however, the authority to make those changes rests with the Commission. The recommended role of NWCCOG is to: ? Develop, review and revise the Regional Water Quality Management Plan; ? Provide outreach and education to its member jurisdictions; • Support watershed water quality planning processes; ? Encourage and assist local governments in developing regulations which address water quality issues as recommended in the 208 Policy Plan; ? Facilitate intergovernmental agreements which will further watershed water quality planning; ? Provide technical support in development of water quality improvement projects; • Review Site Applications, water quality standards, and permits in the region. rtr\amiproldocs\208196v1 _rev V I-44 , 1996 NWCCOG REGIONAL liVATER QUAL.ITY MANAGEtViENT PLAN 02/29/96 DRAFT VOLUME II -WATER QUALITY PROGRAM DEVELOPfViENT Page Table of Contents VII - 1 Executive Summary VII - 4 1.0 INTRODUCTION VII - 6 1.1 The Colorado River Basin VII - 7 1.2 The Yampa River Basin VII - 9 1.3 The fVorth Platte River Basin VII - 9 2.0 RIEGIONAL WATER QU,4L1T1( ,4SSESSMEFlT SUNYMA?RY VII -12 3.0 CL,4SSIFICATiONS AND STAND,4RDS VII -16 3.1 Overview Of Colorado's Classifications And Standards System VII -16 3.2 Existing Water Quality Standards VII -17 3.2.1 Table Value Water Quality Standards VII -17 3.2.2 Outstanding Waters in the Region VII -17 3.2.3 Use Protected Waters in the Region VII -18 4.0 REGIONAL WATER QU,4LIT1( ISSUES VII -20 4.1 Point Source Impacts VII -20 4.1.1 Municipal Dischargers VII -20 4.1.2 Industrial Dischargers VII -20 4.1.3 Construction Activities VII -21 4.2 Nonpoint Source Impacts VII -21 4.2.1 Land Use and Disturbance VII -22 4.2.1.1 Inactive Mines VII -22 4.2.1.2 Development VII -23 4.2.1.2.1 Stormwater VII -23 4.2.1.2.2 Septic Systems VII -23 4.2.1.2.3 Wetland and Riparian Area Losses VII -23 . 4.2.1.3 Agriculture & Silviculture VII -24 4.2.1.4 Recreation Impacts VII -24 4.2.2 Water Use and Development VII -25 4.2.2.1 Hydrologic Modifications VII -25 VII-1 r Page 4.2.2.1.1 Transbasin Diversion VII -26 4.2.2.1.2 In-Basin Diversions Vil -26 4.2.2.2 In-Basin Changes in Water Usage Vil -26 4.2.2.2.1 Municipal and Domestic Usage VII -26 4.2.2.2.2 Industrial Usage Vil -26 4.3 Cotorado River Basin Salinity VII -27 4.4 Groundwater lssues VII -29 5.0 MANAGEMENT SYSTEMS VII -30 5.1 Clean Water Act Vil -30 5.2 Colorado Water Quality Control Commission Vil -30 5.3 Point Saurces Vil -31 5.3.1 Industriai Dischargers VII -31 5.3.2 Wasteload Allocations VII -31 5.4 Nonpoint Sources VII -32 5.5 Colorado River Basin Salinity Control Forum VII -32 5.6 Colorado River Headwaters Forum Vil -32 5.7 Regionat Management Agencies VII -33 6.0 ENVIRONMENTAL, SOCIAL, AND ECONOMIC IMPACTS VII -34 OF THIS PLAN 6.1 Environmental Impacts VII -34 6.1.1 Overview VII -34 6.1.2 Previously Implemented Plan Recommendations VII -35 6.1.3 Future Plan Recommendations Vil -36 6.2 Social and Economic Impacts VII -37 6.2.1 Overview VII -37 6.2.2 Previously fmplemented Plan Recommendations Vil -38 6.2.3 Future Plan Recommendations VI! -39 7.0 PLAN IN9PLEMENTAT(ON VII -40 8.0 WATERSHED WATER QUALITY MANAGEMENT PLANS Blue River Water Quality Management Plan B 1- B 49 Eagle River Water Quality Management Plan E 1- E 39 North Platte River Water Quatity Management Plan NP1 - NP 18 Roaring Fork Water Quality Management Plan R171 - RF 43 Upper Colorado River Water Quality lVlanagement Plan C 1- C 46 Upper Yampa River Water Quality Management Plan Y 1- Y 38 VII-2 , 1996 NWCCOG REGIONAL WATER QUALIT1( fiAANAGEN1ENT PLAN APPENDICES Appendix 1. Glossary Appendix 2. Towns and Counties within Region XII, and Population Projections Appendix 3. Wastewater Treatment Plants within Region XII, including: capacity, type of treatment, sludge disposal method; rates; age; condition Appendix 4. Wafier providers within Region XII, including: gallons per year; population served; rates, etc. Appendix 5. Select water quality data from Region XII, with references for expanded water quality data. Appendix 6. Stream standards and classifications for water within Region XII. Appendix 7. Impaired Uses Stream Segments within Region XII (304(I) list). Appendix 8. CDPS permit holder list for Region XII (including stormwater permits) Appendix 9. Designated Management Agencies Agreements Appendix 10. Sample Local Government Water Quality Regulations Appendix 11. Example Best Management Practices Appendix 12. iVIAPS, IViAPS, iViAPS Index VII-3 r EXECUTIVE SUMMARY 02/29/96 DRAFT The Guidelines for Water Quality Planning in Colorado require annual updates of the Areawide Water Quality Management Plans under Section 208 of the Clean Water Act. The Purpose of the Northwest Colorado Council of Governments (NWCCOG) 1996 Regional Water Quality Management Plan is to satisfy the requirement for an update of the Plan to reflect the progress in plan implementation. A second purpose of the Plan is to address the current focus on water quality planning from a watershed perspective. The NWCCOG Regionai Water Quality Management Plan (208 Plan) 1996 update is structured to satisfy the requirements established under the applicable State Guidelines and to satisfy focal planning requirements which dictate a flexible and innovative approach to water qua(ity planning to avoid future water quality problems. The 1996 208 Plan is composed of two volumes and a set of technicaf appendices. Volume I is presented in a policy plan format and describes the program recommendations to protect and enhance the level of water quality consistent with the requirements of the Clean Water Act Volume I is intended to provide the direction for water quality decisions resulting from activities which have the potential to generate both point and nonpoint sources of water quality degradation in the Region. Volume 1 of the plan is organized around six policies which will lead to maintaining and improving water quality in the region. Under each policy, Implementation Recommendations are presented for use by agencies who have and will continue to implement the plan. These management agencies are identified in Policy 6 of Volume I, and the rationale for their selection is discussed in Chapter 5 of Volume il - Management Systems. Volume II describes the water quality program development in a format similar to the specific items contained in Colorado's pianning guidelines. Volume II draws on material contained in previous 208 P(an submittals and from technical appendix information. Volume II provides supporting information for the development and adoption of water quality management policies currentfy in practice in Region XII. The appendices provide supporting technical information regarding specific water quality issues addressed in the plan. A significant change from previous NWCCOG 208 Plans is that the water quality management plans presented in Volume II are organized on a watershed basis, whereas previous 208 Plan water quality assessments were done on a county basis. Table 4 provides a summary of the requirements for water quality planning established under the State Guidelines compared to the elements contained in the 1996 NWCCOG 208 Plan. While it is clear from this table that the Policy Plan VII-4 (Volume I) together with the technical appendices contain all of the State required elements, a two volume format was chosen to increase the utility of the 208 Plan. The content of Volume I has not been substantially changed, although the form has been changed. The number of policies has been reduced from eleven to six. Table 4 Water Quality Planning Elements 208 Plan Element Plan Policy (V.I) Program Appendix Devel. 1 2 3 4 5 6 (V.II) 1 2 3 4 5 6 7 8 9 10 Faciliry location x x x x Facility needs x x Facility capacity x x Faciliry timing x x Population projections x x ~ Service area X Treatment level x x x Permit conditions X Wasteload allocations x x x NPS Information x x Management agency X X X WQ standards recomm x x x x x Hydrologic modifications x x Stream setbacks x X X Silviculture activiry x x Construction activity x x Urban runoff x x Chemical management X WQ assessment x x BMP recommendations x x x x x x X Water efficiency x x x Model development codes X Mine drainage management x x Agricultural management x x x x VII-5 1.0 INTRODUCTION In 1972 the US Congress overrode a presidential veto to pass the Federal Water Pollution Control Act Amendments of 1972 (PL92-500), also known as the Clean Water Act. This Act has been further amended with significant changes in 1977 (PL95-217) and 1987 (PL100-4). The Clean Water Act states that the ultimate objective of the Act is to "restore an maintain the chemical, physical, and biological integrity of the Nation's waters". In beginning the process of water quality improvements, the Clean Water Act identified a number of pianning programs to be initiated at various levels of government. In Colorado, the Colorado Water Quafity Confro( Commission (WQCC) is responsible for regulating water quality through the establishment of water quality ciassifications, designations, standards, and control regulations to protect the beneficial uses of the streams and lakes in the state. To maximize efficient use of resources, Section 208 of the Act established an areawide approach to planning for the abatement of pollution. Section 208 provided criteria to design local plans, based on an integrated and comprehensive planning process. The state of Colorado has continued to use regional planning agencies as defined in the Act. The Northwest Colorado Council of Governments (NWCCOG) was designated the areawide waste treatment management planning authority, under Section 208, in February 1976 by the governor of Colorado. NWCCOG develops and maintains the Areawide Water Quafity Management Plan (208 Plan) as a means af preserving and enhancing state water quality standards and classifications for both surface and groundwater. The Northwest Colorado Council of Governments' planning region includes Eagle, Grand, Jackson, Piktin, Routt and Summit Counties. These counties inciude portions of three river basins: the Colorado River Basin; the North Platte River Basin; and the Yampa River Basin. The state is divided into seven geographic divisions for the administration and distribution of water in Colorado, under the Office of the State Engineer and the Division of Water Resources. These divisions do not neatly correspond to the planning regions with respect to the Water Quality Management Plans. The following information comes, in part, from "Colorado Water" produced by the League of Women Voters, 1992, and the USGS publication entitled "Hydrology of Area 58, Northern Great Plains and Rocky Mountain Coal Provinces, Colorado and Utah", 1987. VII-6 S 1.1 The Coiorado River Basin The Colorado River basin extends from Loveland and Berthod Passes on the east to the state line on the west, an east-west length of approximately 200 miles. The north-south boundaries are generaily between 50 to 100 miles wide. The major tributaries include the Fraser, the Wifliams Fork, the Blue, the Eagle, and the Roaring Fork rivers. The basin, including the Gunnison basin which is not part of this plan, encompasses 13,132 square miles (8,404,480 acres). Agriculture is still the dominant water user, with diversions of 2,415,950 acre-feet per year for the irrigation of 359,800 acres. Industrial diversions total approximately 2,392,400 acre-feet. The greatest expansion in industrial use during recent years has been for snow making at ski areas and there has been increasing pressure for instream flows for other recreational uses such as fishing and rafting. Transmountain water diversions historically total about 510,000 acre-feet per year from the Colorado River basin to Front Range cities and agriculture. The Colorado-Big Thompson and the Windy Gap projects supply approximately 272,000 for agricufture and municipalities on the Front Range. The Roberts and Moffat tunnels supply approximateiy 121,000 acre-feet per year to the Denver metropolitan area. The Boustead, Twin Lakes,and Homestake tunneis and other continental divide diversions supp(y approximately 117,000 acre-feet of western slope water to Colorado Springs, Aurora, and agriculture in the Arkansas River basin. Most of the annual streamflow in the perennial streams results from snowmeft during the months of fViay, June and July, when the high elevation deep snowpack mefts. Streamflow characteristics have changed significantly from natural conditions due to reservoir storage. Streamflow is highly variable, both within any given year and between individual years. Law flows on perennial streams are sustained by flows from groundwater, gradual melting of perpetual snow fields and reservoir releases. Surface water storage (including the Gunnison basin) exceeds 2.3 million acre feet, with most of this storage in a few large reservoirs. This storage capacity is approximately 60 percent of the average annual streamflow in the basin. The sfiorage capacity in Colorado basin portion of NWCCOG's region is 1,208,080 acre feet. The fVorthwest Co(orado Council of Governments is responsible for producing the Water Quality Management Plan for the upper portion of the Colorado River basin. Essentially, the planning area includes all the major tributaries previously mentioned, but excludes the area downstream of Eagle County (this includes the confluence of the Roaring Fork and Colorado River at Glenwood Springs). The drainage area for this basin, the Upper Colorado River basin, is approximately 6,010 square miles (3,846,400 acres). Figure 3 illustrates the Upper Colorado River Basin. VII-7 r ~ Golorada Basin Map- er R~ver Up ~igure 3~ GR~,;.~ f r, ~ F..al„J s~,.~. ' ~ / ~1VEp ~ sr : Q i .!v l ~"~o ~ K sua.eas~r+~,;~~? ! ~J// /,ti._,~ M100l- - ~~r_=~`~ r ~ ~ ~j ~ ~ ~ ~ :,.r, ~ M...~• ,~~c ^Gy~ l.t/ . ~ ~ ~.~,~p. ~ ; ; ga~L75~-=\ ~ ~ -~?.,p.:5 ~I ~.n..~• \ 1 ,'T\~'~i.i'~~a;~ c \ ~`O ~ C .%.~fsc?~ ~ 1../"''~ ~ l / ~~"~.r f .s'" ~ ( aO~P~~•o1c', Y ~ i1 a ~ ~ ~t,}1JNIS~ ~ / M1~l4t, , ~ ~ I ~ ; =t ~ 2o riuts n ~o ~ iu~c + ~ v 11 , , 1.2 The Yampa River Basin The river f(ows in the Yampa, White, and North Platte River basins are all administered by Water Division 6 out of Steamboat Springs. This area encompasses approximately 11,000 square miles in the northwest corner of the state. The major drainages administered by Water Division 6 include the Yampa, the White, the Green, and the IVorth Platte rivers. The annual average precipitation ranges from eight inches in the west to over 60 inches in the mountain ranges. Most of the precipitation falls as snow between the months of iVovember and April. Most annual streamflow is from snowmelt runoff during spring and early summer. Irrigation diversions affect streamftow during the summer growing season. Approximately 30,000 people live in Division 6, which also includes areas of the state not within Region XI! (NINCCOG's regional planning boundaries). Ranching, coal production, recreation, and tourism are the major economic activities. Nearly 8,000 individual decreed water rights are administered by the Division, distributing some 902,000 acre-feet of water for irrigation. The predominant crops are grass hay, and aifaffa hay used for the maintenance of large herds of cattle and sheep. The Northwest Colorado Councii of Governments is responsible for producing the VVater Quality Management Plan for the upper ortion of the Yampa River basin (Routt County) and the iVorth Platte River basin (Jackson County) in Colorado. In Routt County the major land uses include livestock grazing, timber harvesting, farming, mineral production, residential, and recreation. There is significant population fluctuation in the county due to the recreational uses of the county. Land ownership in Routt County in 1984 was 60% federal, 6% state, and 34% private. In 1990 the permanent population of Routt County was 14,229 persons. The Upper Yampa River Basin is shown in Figure 4. 1.3 The North Platte RoveP Basin The headwaters of the Rlorth Platte River basin are located in Jackson County (Figure 5). Ranching, mining, and logging are the predominant economic activities in the County. The population of Jackson County in 1990 was 1,597 persons and 1,733, in 1994. A significant aspect of the iVorth Platte River in Colorado is the Nebraska versus Wyoming Decrees (325 US 589 (1945), and 345 US 981 (1953)) which limits the State of Colorado from diverting more water than that needed to irrigate 145,000 acres of land in Jackson County, prohibits storing more than 17,000 acre feet of water in any year for irrigation purposes, and prohibits the export of more than 60,000 acre feet of water out of basin in any ten year period. VII-9 ! Figure 4. Upper Yampa River Basin Map. f ~ 010 9t~~eneoat RMMroe + ~ . Q . cc Q / v 4 ~ ~ t ~ 40 c 0 'EJicclnad Aar.~vair ~ r \ _ a ~ C ~•'°~r CRA l r ~ ~ _ • ~ , R~ ~c e HArcE, f ~,r t lr ~ ~ ~ ?EJlF1d0A T F . 1 Nsyaon Power P1ent SPRINGS a ~ v l ~ ~ CrRp Pov?or Plani . a KA, ~ rr YI f f i~ ? ° it`~' 1 Lsiu Gtsmarnt~ F~~~. . Cc ~ t`+~ C~lM r~~t • ':itlo~ r tc~ . stsp*Oeah Rasenreor Se~1« cc ~ `t I Ptourr covrm D t 4 . . , . . . O M ~ +uo auwco cuHrY „ . o - A ~ N% 4~~~, y• O~O ~ `CMwf1D COUIl7Y . U u Iq ~ J 7•~ `a` , r.. ~ V 11 -10 plat{e River Basin MaP. ~PPet N~ ~ ~plord} e ~~gure °De~vec . GaL~~p,p0 ir . ~ - ~ . ~ 7T . . ~ -11 2.0 REGIONAL WATER QUALII'Y ASSESSMENT SUIVIMARY Most of the streams in Region XII are very high quality, supporting all desired uses (although not in every stream reach). This general assessment is supported by the Reconnaissance Evaluation of Surface Water Quality in Eagle, Grand, Jackson, Pitkin, Routt and Summit Counties prepared in 1979 by the USGS for NWCCOG and by the assessment of water quality of each wafiershed in Chapter 8 of this Volume . The emphasis of water quality planning in Region XII is largely directed toward preserving this existing high quality. There are some areas, however, where improvement of water quality is necessary and reasonable to restore beneficial uses, particularly with regard to acid mine drainage from historic mining areas. The water quality assessment includes specific sections on both point and nonpoint source water quality issues in each of the region's watersheds. The assessment provides the basis for ranking problems within the region. Considering water quaiity problems which need tn be corrected to meet the objectives of the federal C(ean Water Act throughout the region, the following are listed in order of priority (highest, or mast serious, to lowest): Acid Mine Drainage Nonpoint Source Pollutants From Development Areas Point Source Discharges Frorra Developed Areas Hydrologic Modifications Frorn Water Projects Large Area Soil Disturbance Activities Roadways and Paverments This qualitative ranking is based on the existing or potential seriousness of the impact, miles of stream affected or likely to be affected, and the degree of present or potential control of the problem. Five of the six significant water quality issues in Region XII are nonpoint source issues. The State's 305(b) Report which discusses water quality threatened stream segments (individual segments are discussed in the individual watershed plans in Sections 2 and 8) are point source oriented because the system for identifying threatened segments is point source oriented. Point source controls will be applied to prevent damage to the threatened stream segments. The real challenge for water quaiity management lies in the area of nonpoint source control. Each problem category is briefly discussed below and is discussed in detail in Chapter 8 of Volume V 11 -12 II under the status of watershed water quality assessments and nonpoint source control programs in the watersheds. Acid Mine Drainage Acid mine drainage impedes attainment of water quality standards for several streams in the Blue, Eagle, Roaring Fork, and Yampa watersheds. These streams are described in the Colorado Inactive Mine Reclamation Plan produced by the Colorado Division of Minerals and Geology and in the water quality assessments contained in Chapter 8 of Volume II of this plan. Of particular concern are: Cross Creek and the Eagle River near Niinturn; Oak Creek in Routt County; and French Gulch, Peru Creek, and the Snake River in Summit County. Nonpoint Source Pollutants From Developrnent ,4reas Nonpoint source pollution from development areas is a significant issue in Region XII. Water pollutants in nonpoint source runoff from urbanizing areas include nutrients (nitrogen and phosphorus), sediment, heavy metals, petroleum products, and organic pesticides. In Summit County, roughly one quarter of the phosphorus contributed to Dillon Reservoir is generated by nonpoint source runoff from human activities in the watershed. Preventing eutrophication in Dillon Reservoir requires tight controls on nonpoint sources. More detail on specific sources is provided in Appendix 5. Dillon Reservoir presents an example of the types of issues that are likely to increase in seriousness throughout the State in the future. As the rural West Slope grows, the areas contributing to construction-related erosion and urban runoff will also increase. Pmunt Source DeschaPges From Developec9 Areas Point source discharges in Region XIl are typically well managed. Advanced wastewater treatment is often required for ammonia removal to protect fisheries and advanced phosphorus removal is required in the Dillon and Green Mountain Reservoirs' watersheds. Continued attention to point sources is needed to ensure that the region's high quality water streams are protected. Hyc9rologic Modifications From Water Projects Hydrologic modifications are changes in stream channels, stream flows or the timing of those flows, generally resulting from water projects. Water quality impacts accompany major water use and development projects. The amount of water available to dilute natural and human induced pollutants is reduced, costs for V 11 -13 , wastewater treatment are increased due to lower stream flows (iower dilution fiows), fish are stressed more often when low flows are combined wifh factors such as higher water temperatures and poor food supplies, water supply uses are efiminated when water is not present in a stream, stream channel morphology is impacted as the stream voiume is reduced in relation to the stream cross-section which results in higher water temperatures and lower stream capacity to move sediment [Effects of Flow Diversion on Downstream Channel Form in Mountain Streams, Sandra Ryan and Neil Caine, Completion Report 176, December 1993, Colorado Water Resources Research Institute; Applied Fluvial Geomorphology, Dave Rosgin, 1995]. Some recreational uses are also dependent on stream flows, such as rafting and boating in lakes. Water use and development projects are listed as a significant water quality issue in the region in terms of potential to degrade existing high levels of water quafity because of the number of uses affected and the extent of impact. All basins in fhe region, with the exception of the North Platte, and to a lesser degree, the Upper Yampa, are potentiaiiy affected by hydroiogic modifications. Hydrologic modifications resulting from existing and projected water use and development projects in Region XII are also discussed in more detail in Section 4.2.2 of this Volume. As a basis for comparison with other types of water quality degradation, a few numbers may be useful. According to State Engineer Office Division V records, Region XII transbasin diversions to the eastern slope totaled 606,817 acre feet in 1993. At the USGS Colorado River gauge below Glenwood Springs, total flows for 1993 equaled 2,874,000 acre feet. Based on rough estimates for water consumption for various uses (as estimated by the Division V Engineer, in-basin consumption in 1993 was about 318,000 acre feet. Thus, the total consumption in the basin was approximately 24% of the total stream flow, and the transbasin diversions amounted to approximately 2/3's of this consumption. in-basin water use can also raise water quality concerns. Included in these concerns are: conversion of agricuitural water to municipat use (loss of groundwater recharge); change in timing of return fiows (specificaily related to snow making); and "dewatering" stream segments between water diversion and wastewater return flows; and the "consumptive use" of various beneficiaf water uses. In-basin consumption can be calculated using general figures of 10% consumption for municipai use, 20-25% consumption for snow making, and approximately 1.8 acre-feet per acre rrigated for agriculture (Water Division V estimates). Large Area Soil Disturbances Large area soil disturbance activities such as mining, grazing, timber harvesting, and ski area expansion present the potential for large water quality impacts. The US Forest Service has identified areas where excessive soil loss from existing timber harvest operations require remedial actions to protect water quality. In addition, V 11 -14 large area surface mining operations can contribute excessive soil loss. At present, these operations are well managed under permits from the Colorado Division of Minerals and Geology and the US Forest Service. All watersheds in Region XII are potentially vulnerable to water quality impacts resulting from large area soil distrubances. Roadways Anc9 Pavement VVater quality problems associated with roadways and pavements include sediment and associated nutrients resulting from road cuts and fills, continuing erosion of unstable slopes adjacent to roads, erosion of unpaved road and parking surfaces, and road sanding operations. To a lesser degree, heavy metals, petroleum products, and hazardous materials spills along roadways near waterbodies also have been documented to impact water quality. The Co(orado Department of Transportation has a program underway to address these concerns while also considering public driving safety and existing funds and needs. All watersheds in Region XII are potentialfy vulnerabie to water quality impacts from this type of activity, although the major areas of concern are in those areas where development has or is occurring. V 11 -15 3.0 . CLASSIFICATIONS AND STANDARDS SYSTEM 3.1 Overview Of Colorado's Classifications And Standards System The system for assigning surface and groundwater classifications and standards is administered by the Water Quality Control Commission and Division and is based on adopting use classifications that identify those uses to be protected on a stream segment and then adopting numerical standards for specific pollutants to protect those uses. Use classifications and numeric water quality standards have been adopted for streams, lakes, and reservoirs throughout each of the State's river basins. Within each basin, waters are divided into individual stream segments for classification and standard setting purposes. Water quality standards are applied in a regulatory context principally through Colorado Discharge Permit System (CDPS) where point spource dischargers are regulated to ensure that water quaity standards are met. Site-specific water quality classifications are intended to protect all existing uses of state waters, and any additional uses for which waters are suitable or are intended to become suitable. The current use classification categories are: recreation (class 1 or 2); agriculture; aquatic life (cold or warm water, class 1 or 2); water supply; and wetlands. For each classified stream segment, numeric water quality standards are adopted that are intended to maintain water quality at a level sufficient to protect the classified uses. There are three potential approaches to the adoption of site-specific numeric standards. Firsf, table value standards (NS) are based on criteria set forth in three tables contained in the Commassion's Basic Standards and Methodologies for Surface Waters (3.1.0 5 CCRI 002-8). These are levels of pollutants determined to be generally protective of the corresponding use classifications, and are applied in most circumstances, unless site-specific information indicates that one of the following approaches is more appropriate. Second, ambient quafity-based standards - i.e. standards based on the existing instream quality, may be adopted where naturai or irreversible pollutant levels are higher than would be allowed by table value standards, but are determined adequate to protect classified uses. The third option is to adopt site specific standlyds where a bioassay or other site specific analysis indicates that alternative numeric standards are appropriate for protection of classified uses. In addition to water quality classifications and standards, either of finro water quality based designations may be adopted in appropriate circumstances. An "Outstanding Waters" designation may be applied to certain high quality waters that constitute an outstanding natural resource. No degradation of outstanding waters by regulated V 11 -16 activities is allowed. A"Use-Protected" designation may be applied to waters with existing quality that is not better than necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water. The quality of these waters may be altered so tong as applicable water quality classifications and standards are met. Waters that are not given one of these designations are subject to the State's Antidegradation Review requirements before any new or increased permitted water quality impacts are allowed. 3.2 Existing lNateP QualitX Standards The surface waters of the region have been divided into stream segments and classified by the Water Quality Control Commission. Certain stream segments in the region with known water quality problems have been identified, and are classified as either Water Quality Limited, Partially Supporting, or iVot Supporting Designated Uses, as presented in each of the watershed plans. 3.2.1 Table !lalue Water QualAty Standards Most of the stream segments in our region meet or exceed table value standards. These standards are based on levels of pollutants determined to be generally protective of the corresponding use classifications. Additional information on the specific stream segments can be found in each of the watershed plans. The Basic Standards and Classifications which are applicable to the Region, including the basis and purpose for the standards and classifications can be found in Appendix 6 3.2.2 Outstanding Waters in the Region Outstanding Waters designation is applied to certain high quality waters that constitute an outstanding natural resource. iVo degradation of these waters is allowed. The following stream segments in our region are currently designated "Outstanding Waters". Headwaters of the Colorado River in Rocky Mountain National Park (Upper Colorado River Segment 1) Headwaters of the Roaring Fork River in the Snowmass/Maroon Bells and Hunter/Frying Pan Wilderness Areas Roaring Fork River Segment 1) Tributaries to the Encampment, IVorth Platte, and Yampa Rivers in the Mount Zirkel Wilderness Area (fVorth Platte and Yampa River Segment 1) V 11 -17 3.2.3 Use-Protected Waters In The Region Use Protected designation is applied to waters of the state that the Water Quality Control Commission has determined do not warrant the protection provided by "Outstanding Waters" designation or the antidegradation review process. The quality of these waters may be altered so long as applicable water quality classifications and standards are met. The following are the stream segments in our region which are designated "Use Protected". Willow Creek - mainstem of unnamed tributary (Church Creek) to Willow Creek from the headwaters to confluence of Willow Creek (Upper Colorado River Segments 6b and 6c). Soda Creek - from the source to Dillon Reservoir (Blue River Segment 5). Snake River - from the source to Dillon Reservoir, excluding Deer and Keystone Creek (Blue River Segments 6 and 7). French Gulch - from 1.5 miles below Lincoln (site) to confluence with Blue River (Blue River Segment 11). Illinois and Fredonia Gulches - from their source to their confluence with the Blue River (Blue River Segment 12). All tributaries to the Blue River below Green Mountain Reservoir (Blue River Segment 20). Eagle River from Belden to confluence with Gore Creek (Eagle River Segment 5). Alkali and Milk Creek, from their source to the confluence with the Eagle River (Eagle River Segment 11). Brush Creek from its source to the confluence with the Roaring Fork River (Roaring Fork River Segment 4). North Fork of the Platte River tributaries, excluding those tributaries in the Mount Zirkel Wilderness Area (North Platte River Segment 4). Michigan River from its source to the confluence with the North Platte River (North Platte River Segment 5). Government Creek mainstem from Colorado State Forest to the confluence with the North Platte River (North Platte River Segment 7. V 11 -18 Spring Creek from its source to the confluence with the Illinois River (Vorth Platte River Segment (North Platte River Segment 7). Little White Snake River from its source to the confluence with the Yampa River. (Yampa River Segment 4b) Tributaries to the Yampa River from the confluence with the Elk River to the confluence with the Elkhead River which are not on Forest Service land, except for Trout Creek, Foidel and its tributaries (Yampa River Segment 12). Waters that are not given the designation of "Outstanding Waters" or "Use Protected" are subject fo the State's Antidegradation Review requirements before any new or increased permitted water quality impacts are allowed. Niore information on stream standards can be found in each of the watershed plans under Water Quality Standards and Classifications. VII-19 4.0 REGIONAL WATER QUALITY ISSUES 4.1 Point Source Impacts Point sources discharges can be defined as discharge of water from a discernible, confined, and discrete conveyance, such as a pipe, ditch, channel or conduit, from which pollutants are, or may be discharged. Point sources do not include irrigation return flows. The point source impacts within our region come from three types of sources which are permitted by the Colorado Department of Public Health and Environment's Water Quality Control Division under the Colorado Discharge Permit System (CDPS). These sources are: Municipal Dischargers; Industrial Dischargers; and Construction Activities. 4.1.1 Municipal Dischargers Municipal wastewater dischargers include both public and private dischargers which treat domestic and commercial wastewater. The general pollutants of concern from these facilities are: toxics such as metals and ammonia which are harmful to aquatic life; suspended material, mostly organic wastes, which use up oxygen in the water to decompose; nutrients, such as nitrogen and phosphorus compounds, which cause algae growth; and pathogens (organisms which cause disease). The Water Quality Control Division has authority to permit facilities which discharge over 2,000 gallons per day. Most individual septic systems discharge less than this amount and are permitted under County regulations which are required by the State to meet certain minimum state-wide standards. Specific municipal dischargers are discussed in each of the watershed pians under Point Source Water Quality Issues, and in Appendix 3. Domestic wastewater facility discharge permits are written by the state with EPA oversight. The state defines major municipal wastewater treatment plants as those discharging greater than 1 million gallons per day (MGD). In the area coverd by this plan there are 14 major municpal wastewater treatment plants: four in the Blue; three in the Colorado; three in the Eagle; three in the Roaring Fork; and one in the Yampa. 4.9.2 lndustrial Dischargers There are a limited number of industrial dischargers in Region XII. They all hold valid discharge permits and they are a!I operated under the terms of their permits. For the most part, industrial dischargers within our region are mining operations. Discharges from these facilities are also permitted by the Water Quality Control Division. Potentiai poiiutants from industrial facilities in our region generally include: sediment, VII-20 which is a source of nutrients and also can "smother " the bottom of streams; heavy metals, and hazardous materials spilis and leaks. Specific "major" industriat dischargers are discussed in the appropriate watershed plan under Point Source Issues - Industrial Activities. Industrial dischargers in the region are listed in Appendix 8. Industrial discharges are permited by effluent and industry type. There are three major industrial permits within Region XII: the Eagle Mine; Cyprus Climax which operates the Henderson and Climax facilites; and the Cyprus Yampa Valley Coal Company. Industrial discharge permits are written by the state with EPA oversight. There are a number of specific point sources within the region which do not have permits - these are inactive or abandoned mines which have a discharge from the mine. These sites have been identified by the Department of Niinerals and Geology, and some are known to impact the classified uses of specific stream segments. The significant sites are discussed in the appropriate watershed plans. 4.1.3 ConstPUCtion Acgivities Construction activities which disturb more than five acres of land are considered to be an industrial activity under the Clean Water Act and require a stormwater discharge permit. As the activity is required to be permitted, it is considered a point source discharge, although the requirements of the permit are generally "Best Management Practices" directed towards controlling nonpoint source pollutants and hazardous materials spill prevention. These permits are issued by the Water Quality Control Division. The potential pollutants of concern are similar to the other industrial poilutants - sediment, and hazardous material spills. These permits are listed in Appendix 8. Point sources from construction dewater activities are also controlled through the Water Quality Control Division's permitting process. 4.2 Nonpoint SouPCe Irnpacts IVonpoint sources of pollution can be defined as those sources resulting from diffuse sheet flow of stormwater or snowmelt runoff or reduced stream flows. Nonpoint sources include: runoff from mine tailing piles, roads, residential, and commercial land uses; irrigation return water, and clearcut areas; failing or inadequate septic systems; and hydrologic modifications. Hydrologic modifications are changes in water quality resultant from reservoirs, releases from reservoirs, or water diversions. The impacts of this type of nonpoint source pollution has been previously discussed (Volume I, Policy 2, and earlier in this volume). The State has a Nonpoint Source Management Program which was approved by the EPA in Niay of 1989 which is VII-21 designed to address the problems identified in the State's "Nonpoint Assessment Report" (November 1989). 4.2.1 Land Use and Disturbance Development of land for residenfial, commercial, agricultural, and industrial use can have significant water quality impacts, especially when viewed cumulatively. Some of the nonpoint source issues related to land development include stormwater runoff, impacts of septic systems, habitat disturbance and loss, and recreational impacts. There are numerous pollutants which come from general land use activities. Runoff pollutants include: sediment; nutrients; heavy metals such as zinc, lead, copper, cadmium and nickel; salt; PCBs; pesticides; petroleum products; and asbestos. 4.2.1.1 Inactive Mines The impacts of mining have been previously discussed in the point source section, however, nonpoint source water quality impacts have also been identified in our region. These impacts are a result of runoff which comes in contact with mine tailing, waste rock, and roaster fines piles. These "left overs" of mining activities contain heavy metals, and sulfide products which form sulfuric acid when exposed to water. Heavy metals are toxic to aquatic life at low concentrations and also act as "stressors" at sub-lethal concentrations. Acidity can also cause mortality and act as a stressor to aquatic life. A number of inactive mine sites have been identified in the watershed plans as impacting water quality in the region. The stream segments are: Blue River Watershed Peru Creek French Creek Upper Blue River (Segment 2) Upper Snake River Eagle River Watershed Cross Creek Upper Eagle River (Segment 5) Eagle River (Segment 5) Roaring Fork Watershed Thompson Creek Coal Creek V 11 -22 Yampa River Basin Oak Creek Policy 1, Water Quality, recommends actions to reclaim these sites and minimize the associated water quality impacts. 4.2.1.2 Development Land development practices can impact water quality through increased poilutant loads, increased runoff (both in quantity and velocity), and wetland and riparian habitat losses, as described below. A nonpoint source water quality management plan produced by the Northwest Colorado Council of Governments for the Town of Vail in 1995 indicated that the runoff water pollutants of most concern include: sediment, dissolved solids (salt); petroleum compounds, nutrients, and heavy metals. 4.2.1.2.1 Stormwater Stormwater runoff concerns are not only limited to pollutants, but also to timing and quantity of water. Increases in impervious surfaces such as roads, houses, etc., increase the amount of runoff and increase the rate at which the runoff occurs. This can lead to increased flooding which impacts water quality by increasing erosion and therefore sediment and nutrient inputs. 4.2.1.2.2 Septic Systems Another land use concern is an increase in density and design of septic systems - especially those constructed on marginal sites (poor soils, fractured bedrock, and high groundwater tables) which can lead to high inputs of nutrients (phosphorus and nitrate), and potentially harm human health through transmission of water-borne pathogens. 4.2.1.2.3 Wetland and Riparian Area Losses Habitat disturbance and loss is another significant issue associated with land development which has secondary impacts to water quality. The habitats referred to are: wetlands, riparian areas, floodplains, and shorelines which provide natural filtering of pollutants, flood water buffering, and provide shading which reduces water temperature and algae growth. V 11 -23 4.2.1.3 . Agriculture & Silviculture Agriculture and silviculture (logging) activities can cause increased sediment, nutrients, and dissolved solids from associated land disturbance and fertilizer applications. In addition, crop and forage production is responsible for large water withdrawals for irrigation, and riparian and wetland disturbance and loss which has secondary impacts on water quality. Policy 3, Land Use and Disturbance, deals with the impact of land use and development throughout the region. The policy recommendations are being impiemented at the local government level and at the federal level for those land use agencies which have the appropriate authority. With respect to agricultural and si(viculturai impacts, the policy recommendations are voluntary implementation of Best Management Practices. It should be noted that agricultural Best Management Practices, especially those related to livestock grazing, ranch management practices, and iogging are being widely implemented througout Region XII. The ranchers, the Naturai Resources Conservation Service, the Bureau of Land Management, and the US Forest Service are actively involved in implementing the recommendations outline in Appendix 11. 4.2.1.4. Recreation Impacts Another set of issues related to land development are recreation impacts to waterbodies, such as stream bank erosion and lack of proper sanitation facilities. Increased population density generally results in greater demand for recreational opportunities, which are often centered around water, especially in mountain communities. Water quality impacts associated with recreation are usually related to habitat disturbance, which as previously stated, has secondary impacts. Water diversion for recreational uses, such as irrigation of golf courses and snow making also impact water quality, as a result of runoff and consumptive water use at criticat times. Policy 3, Land Use and Disturbance, deals with the impact of land use and development throughout the region. The policy recommendations are being implemented at the local government level and at the federal level for fhose land use agencies which have the appropriate authority. Policy 4, Domestic, Municipal, and Industrial Wastes, includes recommendations regarding siting of facilities to reduce nonpoint source impacts. Poticy 5, Chemical Management, includes recommendations for storage, handling, transportation, disposal, and application of materials, in such ways to minimize nonpoint source water quality impacts. V 11 -24 4.2.2 1Nater Use anc9 Developrnent The State's Nonpoint Source Management Program includes a"Hydrologic Modification Nonpoint Source Management Program" which is intended to identify and develop programs for minimizing adverse nonpoint source water quality impacts associated with hydrologic modifications. Hydrologic modifications are defined in the program as: reservoirs; releases from reservoirs; diversions; and other spatial and temporal changes of the movement and circulation of flow of water. The USGS did a study titled "Estimated Water Use in Colorado, 1985" [Water Resources Investigations Report 88-4101, 1989] documenting water use by county. According to thafi report irrigation, followed by hydropower generation, domestic, livestock watering, commercial, and thermal power generation, are the principal uses of water in Region XII. Water use and development can result in water quality impacts caused by reductions in stream flows. This document identifies water quality impacts from water diversions for out of basin needs and in basin needs separately. Generally, water used for domestic or agricultural purposes is not fully consumed; some portion of the diverted water remains as "wastewater" or "return flow" which is directed back to a stream. For domestic use, the consumptive use is generally 10% of the diverted volume. For snow making, the consumtive use is generally considered 20-25% of the diverted volume and water is usually applied at 1 acre foot per acre of terrain [Colorado Ski Country USA]. Agricultural return flows are quite variable, but can range from 20 to 60% in consumptive use. For water that is taken out of the watershed, there is no return flow to the basin, while water which is used in-basin is returned to the stream at some point, generally not too far downstream. Thus in- basin use is not 100% consumptive, while transbasin usage is 100% with respect to the basin of origin. The principal consumptive uses in the region are: agricultural (irrigation and stock watering; transbasin diversions; domestic and municipal; snow making; and reservoir evaporation. 4.2.2.1 Hydrologic Niodifications The term hydrologic modification refers to changes in hydrologic conditions due to man's actions on the natural environment. Changes to the natural hydrology of a watershed occur from the construction of reservoirs, diversions, and infiltration galleries. Water quality impacts can include nutrient concentrations, dissolved oxygen, temperature, chemical concentrations, changes in chemistry, and turbidity. VII-25 4.2.2.1.1 Transbasin Diversions Region XII is impacted by transbasin diversions, which as previously noted, are 100% consumptive for the basin from which the water is taken. Water quality impacts arise from the loss of high quality water from the basin and changes in the stream's hydromorpholgy which reduces natural scouring and affects habitat, etc. It should be noted that, generally speaking, during the two critical low rlow periods (late summer and early winter) transbasin diversions are not in priority. 4.2.2.1.2 In-Basin Diversions Water usage in the basin includes irrigation, hydropower, domestic, commercial, and industria( uses. Generaliy speaking, in-basin diversions consume 10-50% of the water diverted or used. 4.2.2.2 In-Basin Changes in Water Usage Historically (and currently), the most significant water use in the region has been for irrigation purposes. The 1988 USGS report "Estimated Use of Water in Colorado, 1985" [USGS, 1989] estmated that 952.82 million gallons per day (MGD) were used in our region for irrigation. The next highest useage was hydropower generation at 497.72 MGD. Domestic and commercial usage was estimated to be 11.6 and 4.68 MGD, respectively. As the region becomes more developed, changes in land uses will result in changes in water usage in the basin. 4.2.2.2.1 Municipal and Domestic Usage Municipal water consumption is much less than that of agricutture, in other words, more of the water used is returned to the stream. 4.2.2.2.2 Industrial Usage Industrial use of water means the use of water for purposes of producing or processing non-agricultural products or services for sale, such as manufacturing, mining, milling, land reclamatian, golf course irrigation, snowmaking, and non-hydroelectric power generation. The water quality concerns associated with snowmaking are generally the removal of water from streams during critical low flow periods. Snowmaking studies have indicated that the spring peak runoff is extended in time as a result of snowmaking activities, but that runoff rates are not increased. V 11 -26 Although golf courses are much more efficient at using water (they consume much less) than traditional agriculture, one of the concerns is that historical irrigation allowed groundwater recharge which provided late season groundwater returns to surface waters. With the more efficient application of water to golf courses, late . season return flows to surface waters from groundwater are diminished. In Region XII, most of the stream flow results from snowmelt, which is greatest during May, June, and July. There are firvo critical periods of low stream flows - late summer, and early to mid winter. The late summer period coincides with significant agricultural usage and higher stream temperatures, which can stress cold water fish. The winter period - especially December can coincide with snow making water demands. Policy 2, Water Use and Development, recommends actions to reduce the water quality impacts associated with water use and development. Critical areas with respect to streamflows and water use and development in the region have been identified in the watershed plans. These areas include: Blue River Watershed En4ire watershed Colorado River Watershed Fraser River Eagle River Watershed Upper Eagle River (above Gore Creek) Gore Creek Lovver Eagle River (Gore Creek to the Colorado River confluence) Roaring Fork River Watershed Upper Roaring Fork (above the Crystal River) 4.3 ColoPado RiveP Basin Salunity Total dissolved solids (TDS) or salinity is of concern in arid and semi-arid areas when water is consumptively used. Application of irrigation water to saline soils leaches increased concentrations of TDS back to streams. Transpiration by plants and evaporation from open water further concentrates the salts. TDS concentrations range from less than 50 mg/L in the headwaters of the Region XII watersheds, to 100,000 mg/L in saline springs in the Colorado River basins. Water with a TDS of less than 500 mg/L is preferable for water supplies. Agricultural V 11 -27 crops exhibit a wide toterance to TDS, with more sensitive species such as fruit trees, potentially affected at concentrations greater than 500 mg/L [USGS Open File Report 85-479, 1987]. Average concentrations for streams upstream of Glenwood Springs are all less than 500 mg/L. Downstream from Glenwood Springs, all USGS stations on the Colorado River mainstem have average TDS concentrations between 500 and 1,000 mg/L [USGS, 1987]. The Colorado River Basin Salinity Control Program is designed to reduce salt loadings to the Colorado River Basin in order to maintain standards established in 1972. Both the US Department of Agriculture and Department of the Interior are involved in programs designed to control nonpoint sources of salt loading. The Natural Resources Conservation Service, the Bureau of Land Management, and the Bureau of Reciamation are all actively involved in salinity reduction measures from a variety of sources. Farm reduction measures are handled by the Natural Resources Conservation Service. State participation in the salinity control program is coordinated through the water quafity management planning process for nonpoint sources and the CDPS permit program for point sources. The Coiorado River Basin Salinity Control Forum provides a forum for the states of the basin to coordinate their activities, and provide guidance to the federal agencies. The program does not address potential salinity concerns of the Grand Valley water users - especially those of fruit growers, whose crops are less salt tolerant than other agricultural producers. A USGS report [Open File Report 87-568] states "the reach of the Colorado River befinreen the towns of Dotsero and Glenwood Springs, Colo., represents the largest single source of dissolved solids in the Upper Colorado River basin... which represents 17 percent of the dissolved-sodium and 38 percent of the dissolved-chloride loads leaving the Upper Colorado River Basin... Most of this dissoived -sofids load is contributed by very saline, thermal springs between the towns Dotsero and Glenwood Springs." Another USGS report [Open File Report 84-4198] shows that the dissolved solids concentrations in the mainstem of the Colorado River jumps from 230 mg/L to 370 mg/L at the confluence of the Eagle River. This information suggests two geographical areas, one of which (the Eagle River) is within Region XII, which couid be investigated for reducing salinity impacts to downstream water users. It is important to note that a USGS study [Characteristics and Trends of Streamflow and Dissolved Solids in the Upper Colorado River Basin, Arizona, Co(orado, New Mexico, Utah, and Wyoming, open File Report 87-568] found that municipal wastewater treatment plant discharges to the Colorado River and its tributaries contribute less than 5% of the total salinity at the Imperial Dam. A"significant" annual decrease in annual stream flow on the Colorado River near Glenwood Springs from 1942-49 to 1950-83 occurred concurrent with an increase in dissolved solids concentrations. These stream flow decreases and dissolved solids increases were "significant" and "highly significant" simulaneously during the months of May, VII-28 June and July, which suggests that loss of streamflow is responsible for increases in dissolved soldis concentrations (see Appendix 5 for USGS exerpts). Policy 2, Water Use and Development, recommends actions which reduce existing salt loads from areas which contribute significant salinity to the basin. 4.4 GroundwateP Issues In our region, groundwater has not received the attention that surface waters receive, although there are 75 community ground water supply systems serving 37,838 people [Water Quality Control Division, Colorado Wellhead Program, 1994]. Data is collected by water providers relying on groundwater as part of the Safe Drinking Water Act, however, there are no known documents which summarize the collected data. Additional infomation on both the quality and the quantity of ground water within Region XII is needed for proper planning. All of the Policies in Volume I are applicable to groundwater issues. VII-29 5.0 IVIANAGEMEfVT SYSTEMS The foilowing is a brief discussion of the existing water quality management framework under which our region operates. For further information, the 1994 Working Paper produced by the Colorado Water Quality Forum titled "Colorado Watershed Protection Approach" provides a more detailed explanation of the federal and state programs which are related to water quality protection and restoration. 5.1 Clean Water Act The federa( Clean Water Act (33 U.S.C. 1251, et. seq.) forms the federai environment under which the state operates. Other related federal environmental . legislation includes: Safe Drinking Water Act National Environmental Protection Act Endangered Species Act Wild and Scenic River Act Resource Conservation and Recovery Act Comprehensive Environmental Response, Compensation and Liability Act Clean Air Act 5.2 Colorado Water Quali.ty Control Commission The state has primacy (i.e. responsibility) for carrying out the state programs developed in the Clean Water Act. Existing state water quality laws and regulations include the following: ? Establishment of regional water quality management plans; • Classification of state waters ? Establishment of water quality standards designations and regulations • Regulation of state agricultural practices ? Issuance of discharge permits ? Certification of federal licenses and permits Related state regulations and activities include: • Water quantity laws and regulations + Solid and hazardous waste requirements ? Fish and wildlife statutes ? Nonpoint Source Taskforce activities V 11 -30 5.3 Point Sources Point sources are regulated by the state's Water Quality Control Division through its Colorado Discharge Permit System. There are essentially three broad types of permits: those for domestic wastewater discharges; those for industrial discharges; and stormwater permits. The state pemits domestic wastewater discharges based on stream segment water quality standards and stream flow to establish discharge poiiutant concentrations that will protect the designated uses. Specific information on the domestic wastewater treatment plants in our region is found in each of the watershed plans and also in Appendix 3 and 8. There are approximately 14 domestic wastewater treatment plants in the region which treat wastewater beyond the secondary level (85% removal of Biological Oxygen Demand). The Water Quality Control Division has developed a Wellhead Protection Program which was approved by the EPA in 1994 as meeting and satisfying the federal requirement of the Sate Drinking Water Acf. This program is aimed at protecting public groundwater wells from contaminants. 5.3e1 Indusgrial DischargePs There are three major industrial dischargers in Region XII. Major industrial discharge permits are issued by the Water Quality Controf Division under EPA oversight. The three are all mines: the Eagle Niine above Niinturn in Eagfe County; Cyprus fViolybdenum Company which operates the Climax Mine in Summit County and Henderson milling facility in Grand County; and Cyprus Yampa Valley Coal Company, which operates the underground Twentymile Coal Mine outside of Oak Creek in Routt County. They all hold valid discharge permits and are operated under the terms of their permits. Besides the major industrial dischargers there are numerous other industrial permit holders in the region. These include: sand and gravel operation permits; mining permits; construction dewatering permits; and stormwater discharge permits. lndustrial permits within our region are listed in Appendix 8. 5.3.2 Was$eload AlYocations "Wasteload altocation" means the portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution. Wasteload allocations are a means to ensure that pollutants of concern from various sources do not exceed the applicable water quality standard. Allocations are developed in those areas where a number of permitted sources are discharging to the same stream segment and the possibility exists for the stream to exceed the water quality standard VII-31 for that po(lutant. in our region, the poilutant which as been allocated to the greatest degree is ammonia. The wasteload allocations are deveioped to ensure that all permitted discharges are treated fairly with respect to setting standards for their discharges. 5.4 Nonpoint Sources The State's approach to control of nonpoint sources is documented in "Colorado Nonpoint Source Management Program, which was approved by the EPA in May, 1989. !n addition, the "Colorado Nonpoint Source Assessment Report", prepared by the Water Quality Control Division (November, 1989) documents specific water quality concerns and programs. It describes federal control prpgrams (such as the Agricultural Conservation Program, Conservation Reserve Program, Watershed Protection and Flood Prevention Act, and Resource Conservation and Development), state programs (such as the State Revolving Loan Fund, the Water Quality Control Commission, and the Nonpoint Source Taskforce), and local programs (such as state enabling fegis(ation ,e.g. CRS 24-65.1-101 - HB1041 - protection of local resources; and CRS 29-20-101 - HB1034 - land use controis). 5.5 Colorado River Basin Salinity Control Forum The Colorado River Basin Salinity Control Forum is composed of inembers from the seven states in the Colorado River Basin (Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming). The Forum was established for the purpose of interstate cooperation and to provide states with the information necessary to comply with EPA regulation 40CFR, Part 120, entitled "Water Quality Standards, Colorado River System,Salinity Control Policy and Standards Procedures", and Section 303(a) and (b) of the Clean Water Act. More information on this Forum can be obtained through the Colorado Water Conservation Board. 5.6 Colorado River Headwaters Forum The Colorado River Headwaters Forum was initiated by the Northwest Colorado Council of Governments Qua(ity/Quantity Committee in November, 1991 to facilitate the informat, non-adversarial discussion of water issues associated with the Colorado River headwaters. The Forum, open to "interested stakeholders", meets three times a year. Important outcomes of the Forum inctuded the development of proposed methods for developing water projects allowing for public comment prior to formal submission of a 1041 permit application and revision of the 208 Plan. V 11 -32 5.7 Re ic~ onal Management ,4gencies Policy 6, Management Systems, defines the recommended regional management agency structure, with regard to both point and nonpoint source controls. VII-33 6.0 ENVIROiVMENTAL, SOCIAL, AND ECONOMIC IMPACTS OF THIS PLAN Continued implementation of the recommended Plan will necessarily have environmental impacts as well as social and economic costs and benefits. In assessing the impacts of the Plan, the majority of its policy recommendations (the implementation recommendations) have been in effect in their substantially present form at a local level since 1979 with the Plan's initial adoption. For point sources, wasteload allocations and treatment system recommendations have existed in substantially their present form since the adoption of the 303(e) basin plans in 1974. There has been an extensive period of time during which the Plan's recommendations have acted as policy guidance for water quality decisions within the region. As a result of these decisions, many of the recommendations of the Plan have been implemented. This inctudes implementation of the point source discharge treatment levels (except the Fraser River wasteload allocation plan) and consolidation of municipal facilities through the recommended management agencies. It also includes implementation of nonpoint source controls for new sources of urban storm runoff, construction activities, silvicultural activities, stream encroachment, and water use and development activities. implementation items recommended by the Plan are the continuation of these point and nonpoint source control measures. Additional implementation recommendations inc(ude of contro(s for abandoned mine drainage, remedial controls for erosion due to past silviculturaf activities on National Forest lands as recommended in forest management plans. Additional controis on other existing and potential nonpoint sources could be determined to be necessary by the towns or counties. The analysis of environmental and social and economic impacts of the Plan was split between those implementation items of the Plan that have been substantiaiiy implemented and those which remain to be implemented as described. 6.1 Environmentallmpacts 6.1.1 Overview The Federal Clean Water Act has as its policy the restoration and maintenance of the chemical, physical, and biological integrity of the Nation's waters. The Plan is intended to accomplish these goals throughout the region based on the current understanding of important cause-effect factors leading to either existing or projected water quafity problems. As the body of knowledge with regard to these factors VII-34 continues to.grow, adjustments have been made in the Plan to accomplish these broad objectives. Environmental impacts may occur as a result of implementing the Plan either as a result of adoption of the recommended controls on new potential sources of water quality degradation (preventative strategies) or as a result of recommended cleanup actions (remedial strategies). The overall intent of the Plan is to maintain the existing high quaiity of the Region's streams and lakes while accommodating growth and development. A second intent is to improve uvater quality in degraded stream segments which are unable to support the full range of potential uses. Each of the Plan's recommendations is aimed towards one of these objectives. Maintaining and improving the Region's water quality has and will continue to have a positive effect on aquatic life and fisheries, on fhe provision of adequate quality and quantity of water supplies for domestic, agricultural, commercial, and industrial use, and on the ability to support high quality recreational experiences. The implementation of the Plan will indirectly benefit the wetland and wildlife resources by maintaining such areas; will result in positive impacts on aesthetic resources of the State; and will consenre soil resources. The implementation of the Plan has and will continue to require energy and capital resources necessary to provide wastewater treatment to meet water quality standards. 601.2 PPeduously Irnplemented Plan Recomrnendations Previously implemented Plan items are described in each of the watershed pians. A major remedial etement of the Plan is the implementation of point source controls. The establishment of effluent limitations, wasteload allocations, treatment service areas, and recommended areas of wastewater treatment consolidation have had a positive and negative impact upon the environment. Generally, the identified treatment needs have been satisfied through grants from the Environmental Protection Agency (EPA) and the State Construction Grant and loans from the State Revolving Loan fund, along with local financing. Expansion and upgrading of collection and treatment systems were therefore subject to the National Environmental Policy Act (NEPA), and environmental impacts resulting from such impacts were addressed in either an Environmental Impact Statement (EIS) or Environmental Assessment (EA). A summary of the types of negative environmental impacts associated with meeting previous Plan wastewater treatment requirements include: increased energy consumption where advanced wastewater treatment has been recommended for phosphorus and ammonia removal; land use impacts where additional land area is required to satisfy higher treatment levels; temporary local construction impacts on noise, dust, soil disturbance, and traffic; and impacts caused by the transportation and disposal of waste by-products resulting from higher sludge generation requirements of advanced vuaste treatment. Positive impacts include: improvement V 11 -35 and maintenance of water quality in streams and lakes throughout the region; protection and enhancement of aquatic iife and fishery resources; and protection and enhancement of recreational opportunities. Alternative configurations for service areas and treatment methods for wastewater facilities necessary to meet the higher recommended treatment standards and/or recommendations for consolidation were described in the EIS or EA for upgrading the individual treatment plant. These documents provide a thorough discussion of the impacts associated with providing wastewater treatment and consolidation of facilities. In addition to point source controls, prevention strategies will continue to be implemented in order to meet the objectives of the Clean Water Act. These include: controls on nonpoint sources of water quality degradation from water use and development activities; urban runoff; construction activities, agricultural activities; use of chemicals; and encroachment on wetlands, riparian areas, and waterbodies. Implementing these controls has and will continue to have a positive impact upon: v wetland and riparian areas; • protection of aquatic life and fisheries; • protection of important wildlife habitat areas; ? stream channel stability; • reduction of the potential damage to private property due to flooding and streambank loss; ? maintenance and improvement of recreational opportunities; ? reduction of eutrophication of lakes and streams; ? provision of safe domestic water supplies; ? maintenance of water quality at existing high levels. There are no identified negative environmental impacts associated with the implementation of these preventative water quality strategies. 6.1.3 Future Plan Recommendations Remaining implementation items recommended by the Plan will be accomplished through the continued use of point and nonpoint source control measures. These measures inc(ude the impiementation of controls for abandoned mine drainage, remedial controls for erosion, and additional controls on existing septic systems and other existing and future nonpoint sources. Continued implementation of the point source controls recommended in this Plan will have continuing positive and negative impacts as described previousfy in this section under Point Source Control Impacts. In addition, newly recommended waste load allocations for ammonia for the Fraser River, and treatment plant expansions as identified in the watershed plans, will have environmental effects upon energy V 11 -36 requirements and temporary local constructian impacts to provide the necessary future wastewater treatment. Continued implementation of the preventative control strategies for nonpoint sources of water quality degradation will continue to have the environmental benefits described previousiy. Implementation of the recommendations for controls on existing identified mine drainage problems will have positive impacts upon the improvement of water quality and aquatic life. It would also have positive impacts on pubfic water supplies adversely affected by mine drainage. Depending upon the type of treatment technologies selected for control of mine drainage or stormwater runoff, there may be adverse impacts to: energy requirements for treatment of the mine wastes; construction impacts necessary. to remove or restore material from tailing, roaster and waste rock piles; and potential impacts to wetlands and wildlife if passive systems utilizing wetland treatment are selected for treatment of mine wastes. Remedial water quality controls recommended by the US Forest Service for past silvicultural activities have been assessed in three separate EIS documents covering their proposed actions in their land management plans. The closure of roads, revegetation and other measures recommended to reduce sediment loads form previous(y iogged areas wiil have a positive impact on water quality, vegetation and water yie(ds, and wil( protection soii resources. Road closures are consistent with recommendations for recreational and other uses of forest lands recommended in forest plans. 6.2 Social and Econoenic Impacts 6.2.1 Ovewiew This Plan is intended to serve the population and economic growth projected by local governments within the region. The majority of the projected growth and development is associated with the growth of the tourism industry in the develapment of winter sports recreation areas and other year round outdoor recreational activities. The existing demographic character of the region is influenced by rapid seasonal fluctuations in population and in the demand for public and private services. In most of the Region, the peak seasonal popuiation occurs during the ski season. Local planning efforts have recognized the desirability of utiiizing existing facilities, both public and private, over a longer time frame to diversify economic activities and provide a more stable base for residents of the region. The emphasis for diversification has included the maintenance of traditional industries in the Region, VII-37 including agriculture, silvilculture, and mining, but the real emphasis has been upon development of a year around economy based upon expanded summer tourism. Protection and enhancement of the environment is a key element to the potential for economic diversification and the provision of a stable economic community for residents of the region. Many examples of the potential for economic diversification relate to the protection and enhancement of water quality, such as tourism and recreation. Positive impacts of implementing this Plan include the protection and enhancement of water quality which leads to protecting the potential recreational resources for summer tourism activities. Negative impacts of this plan's implementation include increased levels of regulation and development costs associated with protecting water quality. These are described in more detail below. 6.2.2 Previously Implemented Plan Recommendations The provision of advanced wastewater treatment for selected communities has had an impact associated with the construction and operation of these systems. Higher costs for construction and operation of these systems have been passed on to system users in the form of higher tap fees and service charges. Construction costs have been supported, in part, by federal grant programs, state revolving loan fund and energy impact assistance programs. The cost of these systems has been in part offset by water quality benefits which are attributable to a broader population base than system users. This includes benefits to recreation and tourism opportunities in the region as a result of protection of fish and wildlife, and improved aesthetic qualities of streams and reservoirs. Recreational studies have demonstrated a strong correlation between the opportunity for water-based activities and the selection of a recreational destination. To the extent that improved water quality maintains the opportunity for recreation, there shouid be a continuing benefit to summer tourism with a social and economic benefit to the region in accordance with objectives for economic diversification. Controis on nonpoint saurces of water quality degradation have also had social and economic costs and benefits. Controls for construction and grading activities have increased the cost of new construction for housing and commercial development. The cost increase on a per unit basis is dependent on the type of development and may range from a few dotlars to several hundred doltars. Controts implemented on water use and development activities to protect water quality and maintain the chemical, physical, and biological integrity of the Region's lakes and streams has increased the cost to water developers of providing new major water supplies utilizing water from the region. Windy Gap and Wolford Mountain Projects in Grand County are examples of how such additional costs are factored into the project costs for extension of major water supply systems in the V 11 -38 D Region under the Plan's recommendations. Additional development costs associated with provision of minimum streamflows, wastewater treatment and water supply are examples of costs added to such projects as a result of local program requirements. Because the majority of the projects are designed to serve water users outside of the Region, the costs of mitigating such impacts has been borne largely by Eastern Slope water users whiie the benefits of requiring mitigation for water quality impacts have accrued to both residents and visitors to the Region. l.ocatly adopted regulations to protect the Region's water quality have had a social impact in terms of increased levels of government involvement in water quality concerns. Implementation of the regulations for nonpoint source controls only where necessary to meet a specific water quality goal has limited this involvement. Adoption of local regulations (as opposed to state regulation) integrated into local development review has placed responsibility closest to those impacted by the increased level of regulation. 6.2e3 Futaare Plan Recomrnenc9ations The continued implementation of this Plan will continue to have both positive and negative socia( and economic impacts as previously described. o Impacts due to recommended point source controls wouid be reduced to oniy those impacts associated with continued operation and maintenance of advanced vvastewater treatment systems. This will reduce the continuing economic effect of higher user charges over time for those communities which have already made significant capital expenditures to provide for higher treatment levels. If expansion is necessary to accommodate growth, then both capital and operation expenses will be necessary to maintain the higher levels of treatment recommended in this Plan. o For communities in the Fraser Valley not now subject to advanced treatment levels, accepting this Plan's recommended wasteload allocations will have similar future economic impacts (both positive and negative) as described for communities which have already implemented advanced wastewater treatment for ammonia removal. These impacts are expected to occur in the next few years, as growth in the Fraser Valley will require more advanced treatment to limit the potential of ammonia toxicity to the Fraser River fishery. o New major expansions of water deve(opment projects will be subject to financial impacts for impact mitigation similar to those described for the Windy Gap and Wolford Mountain Projects. The specifics of required mitigation under locally implemented regulations will be dependent upon the review of the impacts of water quality resulting from the construction and operation of the project. It is therefore not possible to estimate the future costs to project proponents without a detailed review of the proposed project. VII-39 7.0 PLAN IIVIPLEMENTATION The Critical Implementation Strategy is a four pronged approach which consists of the following: ? Public education; ? Local imptementation of the policy recommendations; ? Consistent enforcement of local regulations; • Initiation of recommended watershed improvement projects. In order for the implementation of this plan to be effective and efficient, communication between the various management agencies needs to be facilitated. There are a number of efforts that NWCCOG is involved with that are moving in this direction. These include the Co(orado River Headwater Forum, the formation of watershed water quality groups, the NWCCOG Quality/Quantity Committee, and a Great Outdoors Colorado grant. These are further discussed below. The Colorado River Headwaters Forum is a group which was originally formed by the NWCCOG, but is now managed independent of the NWCCOG. This Forum is designed to facilitate discussion regarding water issues revolving around the Colorado River headwaters. The Forum meets three times annually, and is composed of federal, state and local entities, including both western and eastern slope interests. One important outcome of the Forum has been the formulation of a model process for new water development projects. The process allows public input to projects prior to formal submission of 1041 and other permit applications. The NWCCOG is continuing to assist in the formation, facilitation and technical assistance to local watershed water quality groups. Two groups have been formally estabfished: the Summit Water Quality Committee (which has been established for 12 years); and the Routt County Committee on Water Quality. In addition, the Eagle River Watershed P(an has recommended the formation of such a group in the Eagle River basin. Entities in the Gore Creek Valley have moved to establish a partnership which involved in establishing a database and water quality management plan. In other watersheds, efforts have been somewhat more informaf or specific issue driven. For example, the East Grand Water Quality Board has been working for the past five years to develop a comprehensive solution to wastewater treatment in the upper Fraser River drainage. The NWCCOG Quality/Quantity Committee, which used to be composed mainly of NWCCOG governmental entities, in 1995 formally requested participation by all the water and sanitation districts. In 1995 22 water and sanitation districts became members of the Committee. !n 1996 three additional special districts have become members. The addition of water and sanitation districts represents a significant VII-40 `e move forward in improving communication and participation in water quality planning and management. !n this forum, management agencies responsible for both point source and nonpoint source water quality management can share concerns, ideas and direction for water quality protection and improvement. The NWCCOG received a$40,000 "capacity building" grant from Great Outdoors Colorado in 1995. This grant wiil be used to further develop local watershed groups with respect to focus and direction. The intent is to bring together interested individuals from many different sectors of the community to further refine water quality planning and management efforts. Four watersheds have been targeted for this effort: the Eagle; the Roaring Fork; the Upper Colorado; and the Yampa. Inherent in all of these efforts is the acknowledgement that there is a need fo increase the awareness of individuats on water quality issues. This educationai outreach needs to include the identification of issues, potential solutions, costs associated with solutions, and costs of inaction. Some of this information is currently available, some still needs to be developed. Through the management agencies and watershed groups, local needs and sotutions will be further refined. Through the efforts outlined above, it is expected that the four pronged approach will result in successful implementation of this Regiona! Water Quality Nianagement Plan. rtrlamipro\d ocs12o8\96v2_rev V 11 -4' a s EAGLE R@VER WATER QIJALITV MANAGEMENT PLAN 02/29/96 DRAFT TABLE OF CONTEINTS Page 1.0 WATERSH~~ OVER!/1EW E - 3 1.1 Geography and Hydrology E- 3 1.2 Land Uses and Population Characteristics E- 5 1.3 Watershed 1lVater Quality Nianagement E- 5 2.0 WATERSHED WATEFZ QIJAL@TY ASSESSMENT E- 6 2.1 Upper Eagle River Watershed E- 7 2.1.1 Eagle River from Belden to Gore Creek E- 8 2.2 Gore Creek E- 10 2.2.1 Gore Creek Above Black Gore Creek E- 11 2.2.2 Gore Creek Below Black Gore Creek E- 11 2.3 Lower Eagle River VVatershed E- 13 2.3.1 Mainstem Eagle River From Gore Creek to Dotsero E- 13 2.3.2 Beaver Creek E - 15 2.3.3 iViilk and Alkali Creeks E- 15 2.3.4 Brush Creek E- 16 2.3.5 Gypsum Creek E- 16 2.4 CUVCB Wafershed Instream Flows E- 16 3.0 WATER QUAL.ITY 6SSUES E- 21 3.1 Point Source Issues E- 21 3.1.1 Municipal Discharges E- 21 3.1.2 Eagle River VVatershed Population Statistics and E- 24 Projections 3.1.3 Industrial Discharges E- 25 3.1.4 Point Source Issues - Summary E- 25 3.2 Point Source Recommendations E- 26 3.3 Nonpoint Source Issues E- 26 3.3.1 iViining Activities E- 26 3.3.2 Urban and Construction Activities E- 27 3.3.3 Hydrologic Modifications - E- 27 3.3.3.1 Transbasin Diversions E- 27 3.3.3.2 In-Basin Diversions E- 28 3.3.4 Recreational Activities E- 29 3.3.5 Agricultural Activities E- 29 3.3.6 Niilk and Alkali Creeks E- 29 3.4 Nonpoint Source Recommendations E- 29 E-1 . 4.0 WATERSHED IMPROVEMENT PROJECTS E- 30 4.1 Existing Projects E- 30 4.1.1 Eagle Mine Site Remedial Action Plan and Record E- 30 of Decision 4.1.2 Vail Nonpoint Source Management Plan E- 30 4.1.3 Milk and Alkali Creek Drainage Project E- 31 4.1.4 Black Lakes Enlargement Project E- 31 4.1.5 Eagle River Watershed Plan E- 31 4.1.6 Gore Creek Partnership E- 32 4.2 Future Project Needs E- 32 5.0 LAND USE REGULATIONS APPLICi46LE TO WATER QUALITY E- 32 PROTECTION AND IMPROVEMENT 6.0 WASTELOAD ALLOCATIONS E- 33 6.1 Ammonia Wasteload Allocations E- 33 7.0 WATER QUALITY MONITORING NEEDS E- 33 7.1 Existing Monitoring Efforts E- 33 7.2 Water Quality Monitoring Needs E- 33 8.0 WATER QUALITY STANDARDS AND RECOiVIMENDATIONS E- 34 8.1 Existing Classifications and Standards E- 34 8.1.1 Designated lJse Impairment Stream Segments E- 34 8.1.2 303(d) List Segments E- 38 8.2 Recommendations E - 38 8.2.1 Support of Existing Standards and Temporary Modifications E- 38 LIST OF FIGURES AND TABLES Figure 7 Eagle River Watershed Map E- 4 Table 12 Eagle Mine Investigation E- 8 Table 13 Eagle River Watershed Instream Flows E- 17 Table 14 Eagle River pomestic Wastewater Treatment Facilities E- 22 Table 15 Eagle County Population Statistics and Projections E- 24 Table 16 Eagle River Water Quality Standards and Classifications E- 35 Table 17 Eagle River Watershed Designated Use impairment Segments E- 37 Table 18 Eagle River Watershed 303(d) List E- 39 E-2 . Ee4GLE RBVER We4TER QUAL9TY MAIVAGEIVIENT PLe4N 02/29/96 DRAFT 1e0 WATERSHED OVERVIEW 1.1 Geographv a~d Hvdrologv The Eagle River watershed lies almost entirely within Eagle County (a small portion of northeas4 Pitkin County lies within 4he watershed) and encompasses a 944 square mile (604,160 acres) area in northwestern Colorado. The Eagle River originates near the southeastern border of the County and flows northwesterly for about 35 miles to Dowd Junction, and then westward to the Colorado River at Dotsero. Principal tributaries of the Eagle are: Turkey Creek; an easterly tributary near Red Cliff; Cross Creek, a southerly tributary emerging from the Holy Cross , Wilderness near Minturn; Gore Creek, emerging from the mountains east of Vail and flowing through the Town of Vail; Beaver Creek, a southern tributary near Avon; Milk Creek, a northern tributary near Wolcott; Brush Creek, a southern tributary and fhe largest fribufiary downstream from Gore Creek; and Gypsum Creek, a southern tributary joining the Eagle River at Gypsum. A map of the watershed in shown in Figure 7. In the upper Eagle watershed (Gore Creek and the Eagle River above Dowd Junction), average annual precipitation is 28 inches, two-thirds of which falls as snow. In the lower areas of the watershed (below Dowd Junction), annual precipitation ranges from 12 40 19 inches, with about 60% falling as snow. Seventy-five percent of the annual runoff occurs between May and July as a result of snowmelt. Major snow fall typically occurs February through April. Thunderstorm activity from July through September produces significant, although short lived rainfall events. Stream flows have marked seasonal variability, with highest flows occurring during the snow melt period, and low flows, sustained by ground water, occurring August through April. Stream flow also varies from year to year based on snow pack, with wet year flows being several times greater and longer in duration than dry years. Historical annual average streamflow for the Eagle River is estimated to be 415,000 acre feet below Gypsum Creek (Eagle River Assembly, Phase I Report, September 1994). Several small storage reservoirs and one larger reservoir exist in the watershed. Homestake Reservoir is located high in the southern portion of the watershed. This reservoir has a storage capacity of 44,360 acre feet and a surface area of 300 acres. This reservoir is used exclusively for eastern slope diversion. Two reservoirs are owned and operated by Climax Molybdenum Company on their property: Robinson and Eagle Park Reservoir (Industrial Pond 4), with a combined E-3 TI I Ae` Cee4 O ( rn CJ~ i ~ ~ ~ \ co _2~ < (D WOLCOTT ' e 'a~ 1 ~ i > i\ ~ & ~ ~ • a UI ~ V y / . l, e , l'r / ~ ~ • e ~ ` ~ ~ n p0 iSERO a ~~Eo le Rijer OGyPS EAft : GoR c= ` cn ui EDW ~ AVO ~AGI.E.VAi19 aVAiL °r WR Cee.f / (D a1 m TIIEAVEfi / ~ c:neeK ~ I oF son r" ~ ~ a a Black i Cl e << . e~' u l.ILakos 5 0 • S ~ E~ t~ ~ m rn MiLes c Sunudd Co. ~ ~h A ~p W U ~ ~ Z IV ~ , e r I - ~ - / ,r \J \ ~ It,t akr c°" l lRobinson ' . Lake ~ ~ I J3 Eaqle Co. . \ J ~ ~ . ~ , ~ ~ v..'~~= lkin Co. ~ oke ~ - Pi //nnesloAc /~es~rroir . . - - - - e - ' . ° ~r _ . • ~ . . . . . _ ~ ~ ~ ~ , Eagle River Watershed i _ Instrearn Flow Oeficit Primary Municipal Diversions f ~ .•W,S;:~~ • ^ . 1 O Historic Fish Deatlis Waslewaler ReWms _ Eagle Mine Water Quality Degradalion . ~ . ~ current capacity of 6,000 acre feet. Climax is currently remediating and possibly enlargingthese reservoirs with the intent of marketing some of their water rights which are currently not being used. The Black Lake Reservoirs are located at the headwaters of Gore Creek. These twro reservoirs have a combined capacity of 300 acre feet, and are used by the Town of Vail to augment stream flows in Gore Creek and replace water diverted for snowr making. Nottingham Lake in Avon has a storage capacity of 100 acre feet. Four transbasin diversion projects carry water from the headwaters of 4he Eagle River to the Arkansas River basin. These projects diver4 an annual average of 34,000 acre feet during 4he snowmelt period. Additional conditional water rights for out-of-basin diversions could yield an additional 100,000 acre feet if they were all developed (Eagle River Assembly Phase I Report). 1.2 Lanc8 Uses anc8 PopuVation Characteristics Public lands (Forest Senrice at approximately 380,000 acres and the Bureau of Land iVlanagement at approximately 95,000 acres) account for 77% of the total Eagle River watershed. The major population centers are Vail, Eagle-Vail, Avon, Edwards, Eagle, and Gypsum. The 1990 permanent population in the watershed was approximately 20,000 people. The average annual growth rate of the county over the last three years (1994) has been 4.91 Average daily winter population in the Vail Valley for 1994-1995 was 21,673. Economic and land use activities in Eagle River wratershed include: recreation; mining; agriculture (including logging); and urban development. The major mining areas in the county are the Eagle Niine, located near Minturn; and the Cyprus Climax iViine located on the continental divide at Fremont Pass. Agricultural products consist mainly of livestock, hay, and timber, with most of the irrigated farmland located in 4he Eagle River valley downstream from Gore Creek to Dotsero. Urban development in the county is primarily associated with construction of condominiums and homes along Gore Creek and the Eagle River in the vicinity of Vail and Avon, although development pressure and land prices has pushed development increasingly down valley. 1.3 Watershed Wa4er Qualitv Manaqement An effort called the Eagle River Council, composed of local, state, and federal agencies, as well as ranchers, environmentalists, and recreational interests undertook a number of projects (mainly nonpoint source projects in the Milk and Alkali Creek areas) in the mid to late 1980s, This group is no longer active. Another group, the Eagle River Environmental and Business Alliance (EREBA), was awarded a Technical Assistance Grant to communicate clean up activites to the E-5 community and to represent the community in reviews of documents and activities associated with the Eagle Mine. In 1994, local communities and Eagle County, recognizing the need to address issues related to the Eagle River on an integrated basis untook an effort called the Eagle River Watershed Plan. The Plan, supported by the towns, the County, state and federal agencies, and local interested citizens, is attempting to address: water quantity; water quality; recreation; wildlife; and land use issues in an integrated manner. The Plan is expected to be completed by fall of 1995. The group producing the plan is expecting to continue with planning and management activities related to the Eagle River after the document is produced. This Water Quality Management Plan was developed during the Eagle River Watershed Plan effort, using the public outreach and input efforts of that plan. This Plan focuses more attention on the specifics of water quality - the assessment, point and nonpoint source issues, and recommendations. Both plans are attempts to identify issues related to Eagle River as a community resource, and means of protecting, and in some cases enhancing the existing uses of this asset. 2.0 WATERSHED WATER QUALITY ASSESSMENT Streams in the Eagle River watershed are classified for protection of coldwater aquatic life (trout), secondary contact recreation (incidental contact); water supply and agricultural uses. Generally speaking, water quality of the Eagle River is very good. During most of the year, the river and its tributaries exceed the water quality standards set to protect its designated uses. In spite of good overall water quality, some segments of the Eagle River are not fully supportive of their designated uses, i.e. some of the uses previously mentioned are impacted by poor water quality. The Eagle River from its source to Belden has been determined by the Colorado Water Quality Control Division to be not supportive of designated uses due to metals contamination. From Belden to Gore Creek the river is designated water quality limited due to metals and sediment. Cross Creek from its source to the Eagle River has been designated as not supporting its designated uses due to metals contamination. The Eagle River from Gilman to its confluence with Gore Creek and from Gore Creek to the confluence with the Colorado River have received temporary modifications for manganese under the water quality standards due to acid mine drainage. Temporary standards are less stringent than statewide standards established to allow full utilization of designated uses of the stream segment. Temporary modifications are intended to allow time for clean up of existing pollution problems. E-6 Gore Creek and the Eagle River are water quality limited segments with load allocations requiring advanced wastewater treatment for ammonia removal for discharges at Vail and the Upper Eagle Valley to meet standards for un-ionized ammonia. The Eagle River from Gore Creek to the Colorado River is classified as a. partially supporting designated uses due to metals contamination. 2.1 Upper Eaq9e River Wa4ershed (Eaqle Ftiver Seqments 1, 2. 3, 4, 5, 6, and 71 1Nater quality in the upper reaches of the Eagle River is excellent. A 1993 study by Hydrosphere for Vail Associates' Snowmaking Water Supply Facilities 1041 permit application, fiound that water quality in the east fork of the Eagle River is generally within standards for all parameters, with occasional exceedances of standards for dissolved silver and total recoverable iron. Fish sampling for Climax Molybdenum Company on the East Fork of the Eagle River in 1994 found brook trout, brown trou4 and mottled sculpin. Density and biomass estimates were 614 trout per hectare (248 per acre), and 27 kg per hectare (24 pounds per acre). 1994 fish populations were lower than in 1990 and 1991, however, the population age structure and presence of young of the year indicate an stable, naturally reproducing trout population in this section of the watershed. The presence of sculpin, a sensitive fish species, indicates good water quality. The macroinvertebrate community found at the site had a preponderance of species sensitive to water quality perturbations. Ephemeroptera (mayflies) were represented by seven species, and plecoptera, coleoptera. diptera, and turbellaria were also collected. Species densities were lower in 1994 than in 1991. The wastewater filow into the municipal wastewater treatment plant at Red Cliff significantly exceed the plant's hydraulic capacity due to several issues. One is that a large majority of the citizens allow their domestic water to run continually during the colder months in order to prevent their pipes from freezing and bursting. The other cause of the overloading of plant capacity is due to severe infiltration/inflow (I/I) problems. There have been several attempts 4o decrease the I/I problems, but with little success. The town is continuing to study the problem and has been working with the Department of Local Affairs and the Water Quality Control Division to find a viable solution. The Division of 1/Vildlife has a sampling site below Red Cliff as a reference station for the Eagle Mine Site. Trout populatie.~n estimates have been conducted each year, beginning in 1990. Number of trout per acre have ranged from 234 to 534, and pounds per acre have ranged from 70 to 148. These numbers are indicative of highly productive waters ("Gold iViedal Waters" designation has a criteria of greater than 40 pounds per acre). Sculpin have also been found consistently at this site. Macro invertebrate species diversities at this site in 1993 and 1994 were 3.1 and 4.0, respectively. E-7 2.1.1 Eagie River from Belden to Gore Creek (Eagle River Segment 5) The Eagle Mine and its related facilities is a primary source of water quality pollution in the watershed. The mine is located adjacent to the Eagle River, upstream of Minturn. Mining impacts have caused concentrations of numerous metals to exceed standards adopted by the Water Quality Control Commission for protection of aquatic life and drinking water. The stream segment most affected by the mine is from Gilman to Gore Creek. In this six mile stretch, aquatic habitat and water quality is significantly degraded. Insect life and fish populations are extremely fimited. Historically, water quality in this area has been worse during low stream flow periods, as higher flows during spring runoff diluted the metals present in site runoff. Downstream of Gore Creek, metal concentrations due to the impacts of the mine can also exceed stream standards, although less frequently. The Eagle Mine has been designated a Superfund site and many aspects of the historic mining operation are being reclaimed. Water quality in the Eagle River associated with the Eagle Mine has improved due to actions by the Colorado Department of Health, the Environmental Protection Agency, and Paramount, Inc. (the current owner of the Eagle YVline site). Biological monitoring by the Division of Wildlife in 1994 found a very limited fish population below the mine, where no fish previously existed. A 1976 investigation of the Eagle River and its tributaries upstream from the Eagle Mine area, indicated that it contained water suitable for all uses, based on results of the chemical and biological analyses. The Eagle River downstream of the mining area had pH and concentrations of dissolved solids, dissolved copper, dissolved cyanide, dissolved and total iron, and dissolved lead which exceeded water quality standards. Table 12 shows some of the dissolved metal concentrations documented by that 1975 study [Water Quality Survey of the Eagle River Basin - 1975, Colorado Water Quality Control Division, 1976]. Table 12. 1975 Eagle Mine Investigation -selected data Locatiorr Parameter Value -dissolved u /L state std U strm of tailin ond Iron Fe 500 300 " Man anese Mn 200 50 " Zinc Zn 360 120 Dwnstrm of tailin ond Fe 2300 300 " Mn 1800 50 " Zn 680 120 Cross Ck u strm of mouth Mn 17000 50 Cross Creek conf, w/ Ea le R. Fe 460 300 " Mn 12000 50 " Zn 4500 120 " Cadmium 15 1.3 E-8 . Cross Creek ups4ream from the mining activities had a benthic diversity of 2.47, indicating water of a suitable quality for all uses. Cross Creek downstream from the discharge of the tailings ponds had a reduced benthic population and increases in specific conductance and in concentrations of hardness and dissolved solids. Two other 4ributaries in fhe Nlinfiurn area, 'fwo Elk and Grouse Creek, had diverse benthic communities and water of suitable quality for all uses. Based on benthic populations, it was determined that there has been a substan4ial improvement in the wa4er quality of the Eagle River in the Minturn area during the last several years, even fihough the toxicity problem caused by ground water seepage of dissolved metals from the tailings pond 4o the Eagle River still existed. Prior to the 1976 study cited above, an investigation in 1966 (US Department of the Interior, 1968) documented the complete elimination of bottom dwelling organisms in the Eagle River downstream firom the tailings ponds of the New Jersey Zinc Corporation (Eagle iViine, now owned by Viacom, Inc.). A remedial investigation of the Eagle fVline in 1985 indicated that elevated concentrations of zinc exist in the Eagle River below the confluence with Gore Creek to the Town of Eagle. Elevated levels of lead, cadmium, and copper were pervasive in the surface water, sediment, and macroinvertebrates from the mine to Gore Creek. Concentrations of cadmium, copper, and lead in surface water regularly exceeded EPA acute and chronic criteria from the roaster piles down to Eagle. Zinc concentrations exceeded EPA criteria from the roaster piles down to Eagle. The study concluded that surface water contamination and associated effects to aquatic life may have decreased over the last 35 years. Colorado Water Control Division monitoring data shows 44% of zinc samples and 18% of copper samples exceed EPA aquatic life criteria over the period 1977-1987 at the mouth of Cross Creek. The concentrations are highest in the last three years of this period. Total manganese concentrations exceed state standards consistently with a ten year average concentration of 3.3 mg/L. The 1987 Colorado Nonpoint Source Pollution Assessment reports that from Red Cliff to Edwards cadmium, copper, lead, dissolved manganese, and zinc are acutely and chronically toxic to aquatic life seasonally and exceed agriculture and waster supply standards for fihe same parameters. The Eagle Mine is identified as a major source of these problems. Cross Creek is also identified as contributing elevated concentrations of inetals. Negative impacts to both fish populations and drinking water resulting from metal concentrations are observed downstream to Edwards. Data collected by Dames and fVloore in 1994 indicates that at station E-14 (Eagle River below Cross Creek), iron and manganese continue to exceed state drinking water standards and chronic standards for aquatic life. Zinc continues to exceed the chronic aquatic life standard of approximately 0.045 mg/L (based on hardness). E-9 The Division of Wildlife has performed biological assessments on the Eagle River ' SuperFund site from 1990 through 1994. Results of the 1994 sampling program documented improvement in portions of the Eagle River aquatic community including somewhat higher numbers of aquatic invertebrates at some sites and brown trout at all sites. This sampling program will continue in future years. According to DOW data, manganese continues to exceed the temporary modification to the water quality stream standards (the temporary stream standard is 150 ug/I . Zinc also continues to exceed the water quality standard. Active remedial clean-up of the Eagle Mine site under a 1988 court ordered consent decree began in 1988. A second consent decree, the three party consent decree between Viacom International, Inc. (Paramount), the Colorado Department of Public Health and Enviroenment, and the EPA is expected to be signed in 1995. Remedial work and monitoring continues under the CDPHE Unilateral Administrative Order which is in full effect. This includes evaluation of runoff from roaster piles on the steep slopes. Currently no biological compliance.is required, only biological monitoring. Water quality is monitored below Minturn by Battle Mountain High School as part of the Division of Wildlife's River Watch Program. Data indicates the presence of cadmium, copper, iron, manganese and zinc, with zinc regularly exceeding the acute aquatic life standard. Dissolved oxygen and pH appear fine. 2.2 Gore Creek (Eaqle River Seqments 1 and 81 A 1976 study by the Water Quality Control Division concluded that the major tributaries to Gore Creek had water of suitable quality for all uses, with the exception of Black Gore Creek, where substantial quantities of sediment resulting from extensive road construction (Interstate 70) were measured. Daily suspended sediment data collected by the USGS indicated a mean concentration of 1,720 mg/L and a suspended sediment load of 1,290 tons in Black Gore Creek [Reconnaissance Evaluation of Surface Water Quality in Eagle, Grand, Jackson, Pitkin, Routt, and Summit Counties, Colorado, USGS, Open file 79-420, 1979]. A 1980 study of upper Eagle Valley by Engineering Science, Inc, found the tributaries of Gore Creek to have high water quality, with the exception of Black Gore Creek which was impacted by sediments, due to the construction of Interstate 70. Exceedances of stream standards for cadmium, lead, and manganese were found to occur in Gore Creek, during spring runoff, but were attributed to soils and geology of the basin. A 1990 report by Advanced Sciences, Inc. characterized water quality in Black Gore Creek, Gore Creek, and the Eagle River above and below the confluence of Gore Creek for the Vail Valley Consolidated Water District for a proposed enlargement of the Black Lake Reservoirs. That report found that the primary concern in the Gore Creek watershed is a recurring water quality E-10 standards exceedance of manganese, a condition which appears to be cause by the composition of rock minerats in Black Gore Creek. Secondary concerns are infrequent standards exceedances of copper, total iron, and silver infrequently, or occasionally exceeding stream standards at a few locations in 4he Gore Creek system. 2.2.1 Gore Creek above Black Gore Greek (portion of Eagle River Seg. 1) A study done in 1993, by Resource Consultants and Engineers, Inc. for the Summit VVater Quali4y Commit4ee, used the headwaters of Gore Creek at an elevation of abou4 9,600 feet as an undisturbed site for comparison with Straight Creek in Summit County. The s4udy examine sediment, benthic macroinvertebrates, and fish populations. Benthic macroinverfebrate at the two Gore Creek sites were 3.61 and 3.7, with 17 taxa and densities on the order of 750 - 1,000 organisms per square meter. Cutthroaf 4rout were the only fish species collected, with an estimated density of 274 - 447 fish per hectare, and a biomass of 20.4 - 34.3 pounds per acre 2.2.2 Gore Creek belodv Black Gore Creek (Eagle River Segment 8) A 1987 Environmental Assessment, done as part of the 1041 permit application to Eagle County for the enlargement of Black Lake Reservoir Number 1 indicated good water quality in Black Gore Creek. The mean suspended sediment concentration in Gore Creek at Vail was 88 mg/L and the suspended sediment load was 204 tons. The sediment increase in Black Gore Creek affected the sediment discharge in Gore Creek at Vail. A 1975 assessment of waste loads for the Eagle River and Gore Creek found that water supply stream standards were not exceeded for dissolved oxygen, temperature, dissolved solids, pH, or fecal coliform bacteria. The study found dissolved oxygen concentrations of less than 6.0 mg/L in Gore Creek at the Big Horn subdivision and at the confluence writh the Eagle River. Niinimum summer values were 3.9 mg/L at the subdivision and 3.6 mg/L at the confluence. The average concentrations were about 8.5 mg/L, but the minimum values are critical for support of aquatic life. According to the EPA, a dissolved oxygen concentration of 3 mg/L occurring in a stream for even part of a day causes diminished feeding and growth of the fish population. However, from eight years of record at these sites on Gore Creek, the 1/Vater Quality Control Division (WQCD) found no deficiencies in dissolved oxygen concentrations. The total ammonia concentration . did not exceed the assimilative capacity of the Eagle River, but exceeded the assimilative capaci4y of Gore Creek downstream of the sewage treatment plant. Unionized ammonia concentrations down stream from the Vail wastewater treatment plant on Gore Creek exceeded 0.02 mg/L. It was concluded that the water quality, E-11 in terms of the unionized ammonia, was degraded at the mouth of Gore Creek and • ; the Eagie River at Gypsum and Avon. Further investigations were prompted by these findings and more detailed studies were conducted by the WQCD, in 1976, at sites located in the upper Eagle River, Gore Creek, and the lower Eagle River. Based on chemical and biological results, it was determined that Gore Creek upstream from Vaii had water of suitable quality for all uses and a benthic community diversity of 3.21. However, in 1975, Gore Creek downstream from the Vail wastewater treatment plant to its confluence with the ' Eagle River, contained unionized concentrations as high as 0.077 mg/L. In conjunction with the unionized ammonia concentrations, the study determined that the benthic community was adversely affected, with diversities less than 3.0 downstream, as compared to 3.4 upstream of the treatment plant. Furthermare, an investigation of the fish population found that twice the number of trout were collected in half the time upsfream of the treatment piant, as compared with downstream of the plant. According to the Water Quality Control Division (1976), Gore Creek, from Vail to its mouth, was not capable of supporting fish and was unsuitable for swimming because of municipal discharges and nonpoint sources of pollution. Fertilizer from golf courses has contributed to elevated nutrient levels. The WQCD water quality monitoring data indicates consistently high phosphorus concentrations from 1977 to 1987. Bacterial infections of trout in this reach of the river were also reported. The effects of bacteria are most prominent under conditions of low flow, high temperature, and catch and release fishing. A portion of this segment (below Red Sandstone Creek) is now designafed as a Gold Medal fishery (1988). This designation was further confirmed by the Division of Wildlife (DOW) with fish shocking surveys completed in September 1982 and October 1992 below Red Sandstone Creek. The 1982 survey found brook, brown and rainbow trout, with a biomass of 58 pounds per acre, the 1992 survey found brown and rainbow trout, with a biomass of about 80 pound per acre (the Gold Medal designation requires a minimum biomass of 40 pounds per acre). DOW surveys were also done in the vicinity of the golf course in 1984 and 1990, again showing an increase in biomass over time. A joint project by the NWCCOG Water Quality Program and the Town of Vail between 1992 and 1994 was conducted to: posture the Town of Vail for likely stcrmwater discharge permit requirements; determine if there are existing negative water quality impacts in Gore Creek which could be attributed to nonpoint sources of pollutants; and to evaluate potential sources of pollutants in order to gain information for developing effective pollution control strategies. The study found that suspended and dissolved solids, salts, phosphorus, ammonia, nitrate, and nitrite concentrations increase in Gore Creek as it runs through town. Dissolved solids and salts (both above and below Vail), phosphorus, nitrate, and nitrite E-12 concentrations (below Vail) have increased between 1979 and 1991 because of growth and increased traffic along I-70. Dissolved oxygen, fecal coliform, cadmium, copper, manganese, and zinc concentrations have improved during the same period of time. Increases in silver concentrations appear to correspond 40 4he Upper Eagle Valley Consolidated Sani4ation District (UEVCSD) Vail wastewater treatment plant discharge. The project included wafier quality monitoring in Gore Creek following application of a fungicide to the Vail Golf Course. No pesticide was detected. Sediment sampling in the water hazards on the golf course found fairly high levels of inercury, and 4races of DDE (a breakdown product of DDT) and 2,4 D(a component of the broadleaf herbicide "Trimec", which is applied to the golf course and is also available to the public). The stormwater project estimated stormwater pollutant loading to Gore Creek. It was estimated that 196,000 kg of sediment, 210,300 kg of dissolved solids, 22,000 kg of Biological Oxygen Demand, 7,200 kg of oil and grease, 400 kg of ammonia, 1,000 kg of phosphorus, and 750 kg of zinc flow into Gore Creek each year with stormwater runoff. These loads are significantly lower than load estimates made in 1980 by Engineering Science, Inc. in their report " Upper Eagle Valley Nonpoint Source Assessmen4 and Control Plan", but are nevertheless significant. A report on the project entitled "Vail Nonpoint Source Nianagement Plan" includes results of the study, and policy and engineering recommendations for further improving the quality of stormwater runoff. 2.3 lovver EaqBe River VVatershed (Eaqle River SeQrnents 9, 10, 11, anc? 12) The Eagle F2iver downstream, from Gore Creek to its confluence with the Colorado River at Dotsero, is affected by wastewater discharges, irrigation return flows, mineralized groundwater seepage, and runoff from highly erodible soils. There is a major natural source of chloride from rocks in the area of Lake Creek, immediately downstream from Edwards. Farther downstream, specific conductance, and concentrations of dissolved solids and hardness increase. 3.3.1 Mains4em EagBe RBver from Gore Cree9c to Dotsero (EagYe R6ver Segmen$ 9) _ Impacts associated with stormwater and urban runoff in the Vail/Avon corridor were identified in the 1987 RIPS Assessment and the Black Lake Rerservoirs 1041 Application. The pollutant of concern was sediment, although cadmium, lead, salinity, nutrients, and oxygen demand were also documented. E-13 As part of the Eagle Mine monitoring efforts, the Division of Wildlife has a manitoring site on the Eagle River at Arrowhead. Fish populations at this site have increased substantially since 1991 when two passes captured 70 trout, to 1994 when two passes captured 290 trout (biomass estimates were 74, 188, and 228 pounds of brown trout per acre in 1992, 1993, and 1994 respectively). Macro i nve rtebrate species diversity at this site in 1993 and 1994 were 2.98 and 3.66 respectively. At this site water quality standards for cadmium, manganese, and zinc continue to be exceeded, according to DOW data. Water quality is monitored in the Eagle River at Avon by Battle Mountain High School as part of the River Watch Program. Dissolved cadmium, copper, iron, lead manganese, and zinc are regularly detected, with manganese well above water supply standards, and zinc regularly exceeding the acute standard set to protect aquatic life. Fish kills have been observed in the lower Eagle River on an occasional basis from Edwards to Gypsum. FuruncuPosis (a bacterial infection) has been the primary agent responsible, but the decrease in resistance ta bacterial infections has been ascribed to the increase in general stress experienced by the fish. The stress is a result of higher water temperatures, iow dissolved oxygen concentrations, and loss of habitat. Average zinc concentrations at Edwards for the period 1988 through 1992 (167 mg/L) exceed the state's water quality standard using the average hardness at this site for that period (164 mg/L as Ca C03). A review of Water Quality Confrol Division monitoring data from 1977 to 1994 indicates total phosphorus concentrations on the Eagle River exceed Enviranmental Protection Agency recommended levels (0.05 mg/L) and increase from the confluence with Gore Creek downstream to Gypsum. Concentrations are highest over the three years from 1984 to 1987, with an average concentration of 0.218- mg/L. Average concentration for the period 1977 to 1994 at Gypsum is 0.102 mg/L. Water quality data is collected by Eagle Valley High School in Eagle, Gypsum and below Gypsum, as part of the Division of Wildlife's River Watch Program. In Eagle, pH and dissolved oxygen appear good (although samples have not been callected during the summer low flow period). Cadmium and copper are detected infrequently, and zinc does not exceed the acute aquatic life standard, although it is regularly detected. In Gypsum, dissolved oxygen is low during the winter low flow period (summer samples are not collected) and metals concentrations generally meet water quality standards. Below Gypsum, water quality appears good, although dissolved copper concentrations are higher than in town. A review of Water Quality Control Division data collected at Dotsero from 1977 to 1994, indicate that all water quality standards are mef at this site, with the exception E-14 of an occasional exceedance of manganese and fecal coliform standards. Total phosphorus concentrations at this site for the period of record average 0.082 mg/L. 2.3.2 Beaver Creek Qpoation of Eagle RBver Segments I & 6) Beaver Creek has been studied extensively by the Water Quality Control Division because of ski resort development in this area. The results indicate that the stream has seasonal changes in water quality, with increased concentrations of alkalinity, hardness, and dissolved solids occurring at lower flows. 2.3.3 Milk ant0 A9ka9i Creeks (Eagle River Segment 11) Milk and Alkali Creeks join the Eagle River from the north in the vicinity of Wolcott, and have been identified as contributing a very substantial amount of nonpoint source sedimenfi and salt. Milk and Alkali Creeks have a combined land area of 63 square miles (40,320 acres). Public lands in these areas account for 56% of the total land area. The geology of the area is dominated by Pierre shale, IViobrara formation (calcareous shales and marly limestone), and Benton shale. Permeability is slow, surFace runoff is rapid, and the hazard of erosion is high. Water quality samples collected by the Denver Water Department in 1976 in Alkali Creek had a specific conductance exceeding 600 umho/cm for at least one sampling period, and fVluddy Creek, a tributary to Alkali Creek, had a dissolved solids concentration of 1,178 mg/L and a specific conductance of 1,180 umho/cm. Milk, Alkali, and Muddy Creeks are reported in the 1987 NPS Assessment to be significant sediment sources to the Eagle River. 59% of salinity samples taken in the lower Eagle River were above 500 mg/L. Saline soils as well as urban and highway salt runoff are identified as the source of the elevated salinity concentrations. The Bureau of Land Management (BLfiA) has monitored water quality in Milk and Alkali Creeks, and have found total dissolved solids concentrations during low flow periods to average about 1,000 mg/L. Total salt load from the public lands in the two watersheds was estimated to be 2,600 tons per year. Sediment concentrations as high as 12,000 mg/L have been recorded by the BLfVi during spring runoff. Impacts to the fisheries in the Eagle River have been documented by the DOW (1971, 1982, and 1989). The BLM has completed a management plan for that portion of the land which they hold, and have begun implementation of that plan. Additionally, the Eagle River Council obtained a EPA 319 grant in 1989 to construct check dams and drop structures on private lands in critical areas of these watersheds. Macro invertibrate studies were done as part of the project in 1988 and 1992. Stations above and below Milk and Alkali Creeks on the Eagle River all had a mix of tolerant and intolerant species, with no major differences between sites. Overall, E-15 water quality and instream habitat conditions appeared better at all stations in 1992 than in 1988. 2.3.4 Brush Creek (Eagle River Segment 12) Brush Creek is mainly affected by nonpoint sources of pollution. Downstream from Eagle, Brush Creek had a specific conductance of 427 mg/L and a dissolved solids concentration of 630 mg/L in August 1975. Benthic diversity decreased downstream, from 3.33 to 2.38, indicating water quality degradation in the downstream reaches of Brush Creek, primarily from irrigation return flow. The US Forest Service sampled Brush Creek at several sites upstream from Eagle since 1973, and concluded that the water upstream from Eagle is acceptable for all uses. 2.3.5 Gypsum Creek (portion of Eagle River Segment 10) Gypsum Creek has water of suitable quality for all uses in its upstream reaches. Increased specific conductance and increased concentrations of alkalinity, hardness, sulfate, and dissolved solids were measured downstream. The increases are possibly the result of irrigation return flow and mineralized ground water seepage. Ground water from the Eagle River Evaporite, west of Edwards, and the Pierre shale, north of Wolcott, is the most mineralized water in the lower Eagle River watershed. 2.4 Colorado Water Conservation Board Watershed Instream Flows Table 12 lists the Colorado Water Conservation Board's (CWCB) instream flow filings in the Eagle River watershed. These filings are located on most of the tributaries and mainstem of the Eagle River. Colorado statute (CRS 37-92-102(3)) recognizes that preserving the natural environment to a reasonable degree, through the protection of instream flows and natural lake levels in natural lakes, is a beneficial use of water. Under the same statute, the CWCB is declared the exclusive agent authorized to appropriate water rights for the purpose of preserving the natural environment. It is also stated that the acquisition of the water rights to protect instream flows has to be made within the context of existing water rights appropriation regLilations. Instream flows are therefore subject to appropriation dates, and the CWCB can call out water rights junior to their own for maintenance of those flows. Thus, the fact that the CWCB has filings for these instream flows does not ensure that streamflows will always exceed these minimums, as the water rights associated with these flows have appropriation dates which are not that old. Most of the appropriation dates for instream flow filings in the Eagle River watershed are between 1977 and 1980. E-16 Table 13 Colorado VVater Conservation Board Instream Flowr Appropriations EAGLE RIVER VVATERSHED STREAM UPPER TERiViINUS LOWER TERNliINUS LENGTH ANNOUNT APPROP (miles) (cfs) ~ Abrams Ck headvua4ers diversion 4.3 0.5 03-17-80 Beaver Ck Beaver Lake confl Eagle Riv 7 92 (5/1-9/30) 05-01-75 4 (10/1-4/30) Bennett Gulch headwaters confl SF Eagle Riv 3.5 2 05-12-78 Berry Ck headwaters north boundary line 4.7 9 03-17-80 Bighom Ck headwaters confl Gore Ck 5 3 07-27-77 Black Gore Ck lower Black Lake confl Gore Ck 10 7(5/9-9/30) 07-27-77 3 (90/1-4/30) Black Gore Ck lower Blaclc Lake confl Gore Ck 10 4(10/9-90/31) 05-09-86 (enlargement) Booth Ck headwaters confl Gore Ck 4 3 07-27-77 Brush Ck confl E& VN Brush Cks confl Eagle Riv 12 12 07-27-77 rn Cataract Ck headwaters confl EF Eagle Riv 3.5 9 05-12-78 11 Cross Ck headwaters confl VV Cross Ck 5 5 05-92-78 v Cross Ck confl W Cross Ck confl E Cross Ck 3.5 10 05-12-78 Cross Ck confl E Cross Ck confl Eagle Riv 8 20 (5/1-9/30) 05-12-78 8 (10/1-4/30) Eagle Riv confl EF & SF Eagle confl Resolution Ck 2 12 (5/1-9/30) 05-12-78 Riy 6 (1011-4/30) Eagle Riv confl Resolution Ck confl Homestake Ck 6 15 (5/1-9/30) 05-12-78 8 (10/1-4/30) Eagle Riv confl Homestake Ck confl Cross Ck 6 25 (5h-9/30) 05-12-78 11 (10/1-4/30) Eagle Riv confl Cross Ck confl Gore Ck 4 50 (5/1-9/30) 05-12-78 20 (10/9-4/30) Eagle Riv confl Gore Ck confl Lake Ck 10.1 85 (5/1-9/30) 03-17-80 35 (10/1-4/30) STREAM UPPER TERMINUS LOWER TERMINUS LENGTH AMOUNT APPROP (miles) (cfs) Eagle Riv confl Lake Ck confl Brush Ck 20 110 (5/1-9/30) 03-17-80 45 (1011-4/30) Eagle Riv confl Brush Ck confl Cotorado Riv 12.8 130 (5/1-9/30) 03-17-80 50 (10/1-4/30) E Brush Ck Lake Charles confl W Brush Ck 10 7(5/1-9/30) 07-27-77 4 (10/1-4/30) E Cross Ck headwaters confi Cross Ck 2.5 4 05-92-78 E Lake Ck headwaters confl Middle Lake Ck 9.3 20 (5/1-9130) 03-17-80 10 (10/1-4/30) Fall Ck Tuhare Lake confl Eagle Riv 8 5 05-12-78 Game Ck headwafers confl Eagie Riv 3.5 i 05-12-78 Gore Ck headwaters confl Black Gore Ck 7 10 (5/1-9/30) 07-27-77 5 (10/1-4/30) Gore Ck confl Black Gore Ck confl Red Sandstone 7 16 (5/1-9/30) 07-27-77 Ck 6 (10/1-4/30) m Gore Ck confl Red Sandstone confl Eagle Riv 4 22 (5N-9/30) 07-27-77 OD Ck 8 (10/1-4/30) Gore Ck headwaters confl Black Gore Ck 7 5(10/1-10/31) 5-09-86 (enlargement) Gore Ck confl Black Gore Ck confl Red Sandstone 7 10 (10/1-10/31) 05-09-86 (enlargement) Ck Gore Ck confl Red Sandstone confl Eagle Riv 4 14(10/1-10/31) 05-09-86 (enlargemeni) Ck Grouse Ck headwaters confl W Grouse Ck 5 1 05-12-78 Grouse Ck confl W Grouse Ck confl Eagle Riv 0.8 2 05-12-78 Gypsum Ck outlet L.E.D.E Res confl Red Ck 4.3 5 03-17-80 Gypsum Ck confl Red Ck confl Eagle Riv 16.6 6 03-17-80 Jun:,- Ck headwaters USFS boundary 3.4 0.5 03-17-80 Line Ck headwaters confl Turkey Ck 4 1 05-12-78 STREAM UPPER TERiViINUS L01lVER TERiViINUS LENGTH ANAOUNT APPROP (miles) (cfs) McAllister Guich headwaters confl Eagle Riv 2 1 05-12-78 iMiddle Ck headwaters USFS boundary 4.8 9 03-17-80 ilAitchell Ck headwaters confl SF Eagle Riv 2.8 9 05-12-78 Notch fliitn Ck headwaters confl Fall Ck 2.5 9 05-92-78 Pearl Ck headwaters confl Resolution Ck 2 9 05-12-78 Pitkin Ck headwaters confl Gore Ck 5 3 07-27-77 Red Sandstone Ck headwaters confl Indian Ck 4.5 2(5/1-9130) 07-27-77 9 (10/9-4/30) Red Sandstone Ck confl Indian Ck confl Gore Ck 2.5 2.5 (5/1-9/30) 07-27-77 1.5 (10!1-4/30) Resolution Ck headwaters confl Pearl Ck 4 2 05-12-78 Resolution Ck confl Pearl Ck confl Eagle Riv 2 3 05-92-78 Rt?!z Ck headwaiers confl Eagle Riv 1.5 0.5 05-92-78 Sopris Ck headwaters confl Missouri Ck 3 2 05-12-78 m SF Eagle Riv headwa4ers confl EF Eagle Riv 6 3 05-12-78 ~ (0 Squaw Ck headwaters north line 5.3 9 03-17-80 Stone Ck headwaters NaYI Forest boundary 2.9 1 03-17-80 Turkey Ck headwaters confl VVearyman Ck 6.5 4 05-12-78 Turkey Ck confl VVearyman Ck confl Eagle Riv 3 7 05-12-78 Two Elk Ck headwaters confl Eagle Riv 4 4 05-92-78 Wearyman Ck headwaters confl Turkey Ck 4.5 2 05-12-78 VV Brush Ck Sylvan Lake confl E Brush Ck 5 8 07-27-77 W Cross Ck headwaters confl Cross Ck 5 d 05-92-78 W Grouse Ck headwaters confl Grouse Ck 5.5 1 05-12-78 VV Lake Ck headwaters USFS boundary 6.8 5 03-97-80 Whitney Ck headwaters confl Homestake Ck 2.5 1 05-12-78 Willow Ck headwaters confl Turkey Ck 3 1 05-12-78 STREAM UPPER TERMINUS LOWER TERMINUS LENGTH AMOUNT APPROP (miles) (cfs) Yoder CK lWurtz Ditch hdgt iconfl Eagle Riv 3 1 05-12-78 m N O The filows es4abiished are generally the minimum necessary to preserve the natural . environmen4 to a reasonable degree, and are usually fairly junior in priority. Prolonged periods of time at 4hese minimum flows would have an impac4 on the natural environment and on the designated uses of 4hat stream segment's water. There have been some discussions on the appropriateness of some of the instream flow filings, and it is recommended that the Division of Wildlife, the Division of Parks and Outdoor Recreation, and the CWCB examine the development of the instream filow filing recommendations, and potentially revise those recommendations wrhere appropriate. 3e0 WATER QIJALBTY ISSUES 3.9 foan4 Source Issues Most of the point source issues have to do with the assimilative capacity of the stream to absorb wastewater #lows. Additionally, water quality impacts from mining activities con4inue to be an issue. 3.1.1 MunicupaB DBscharges Point source problems were extensively evaluated by the Water Quality Controf Division in 1974 as part of the Colorado River Basin 303(e) Plan. Point source treatment needs, consolidation of wastewater 4reatment facilities, waste load allocations, treatment alternatives, and other related matters were addressed in the basin plan. The principal problems addressed included the need for ammonia removal capability at domestic facilities to protect Gore Creek and the upper Eagle River from ammonia 4oxicity and the dissolved oxygen content of the streams. Since the adoption of the basin plan in 1974 and the 1978 version of the 208 plan (which incorporated its recommendations), the development of wastewater treatmen4 facilities has generally proceeded in accordance with its recommendations. Facility plans under Section 201 of the Clean 1/Vater Act have defined the precise treatment mechanisms and locations for waste water treatment and have implemented the recommendations of both the 208 and basin plans. A facility plan for the expansion of the Upper Eagle Valley Consolidated Sanitation District plant was the subject of an Environmental Impact Staterrient which also focused on the relationship between growth and development activities in the area and the need for control of nonpoint sources from urban runoff and construction activities. The major point source discharges in the Eagle River watershed are municipal wastewater treatmen4 plants, listed in Table 14, along with their Colorado Discharge Permit System number and their hydraulic capacity. E-21 Table 14. Ea le River Munici at Wastewater Treatment Facilities CDPS # Facility Name Resp. Party Hydraulic Cap, MGD CO-0021059 Eagle WWTF Town of Eagle 0.27 COG-584001 Gypsum WWTF Town of Gypsum 0.35 CO-0021385 Red Cliff WWTF Town of Red Cliff 0.07 CO-0021369 Vail WWTF UEVCSD 2.7 CO-0024431 Avon WWTF UEVCSD 3.2 CO-0037311 Squaw Creek WWTF UEVCSD 1.2 Dotsero MHP WWTF Dotsero MHP 0.02 Red Cliff Wastewater Treatment Plant The Red Cliff wastewater treatment facility is a 70,000 gallon per day maximum hydraulic capacity activated sludge plant providing secondary treatment, constructed in 1972. It has average flows of 225,000 gallons per day and peak flows frequently exceed 500,000 gallons per day. It is well over its capacity due to infiltration/inflow problems and extremely high water usage by the inhabitants who keep tap water running during cold weather to prevent waterline breaks (bleeding). Estimates of winter bleeding are on the order of 100,000 gallons per day. The 1994 draft 201 plan estimated the cost of upgrading wastewater facilities for Red Cliff to be 3.9 million dollars. The July 1993 population estimate of Red Cliff was 302. According to a May 1994 draft 201 plan for the plant, the population is 440. Additional work is being done by the town to examine alternatives and decrease costs for providing wastewater treatment to the community. A new 201 Plan was released in May of 1995. The recommended alternatives in this 201 Plan included: repair colfection system and treat flows using Upper Eagle Valley Consolidated Sanitation District facilities ($6,400,000); repair collection system and treat flows using a submerged rotating biological contractor ($4,530,000 and no improvements to the collection system and treat flows of 100,000 to 900,000 gpd using a dual system of screening, filtration, and disinfection for high flows and a physical/chemical treatment process for low flows ($2,080,000). The Department of Local Affairs Energy Impact Assistance Grant advisory committee recommended partial funding to address collection systme improvements in 1996. Vail Wastewater Treatment Facility The Vail wastewater treatment facility is a 2.7 million gallon per day (MGD) tertiary treatment facility with 1995 projected average flows of 1.8 MGD and peak flows of 2.4 MGD. The plant treats for ammonia and has an ammonia discharge limit based on 1 E3 (1 day in 3 year low flow event) for acute toxicity limits and 30E3 (30 day in 3 year low flow event) for chronic toxicity limits. There are no current plans to expand this facility. The plant serves an average of approximately 15,500 people. Peak ski area capacity is 19,900 [Vail Category III Ski Area Development draft E-22 Environmental Impac4 Statement, 1995]. The draft EIS also states that the Vail area's bed base is grea4er than 19,900 persons. The plant can currently meet peak flows for approximately 20,000 persons. There is a system interconnect with the Avon Plant, which will allow peak flows in excess of the plant's capacity 4o be 4reated down valley. Current capital expenditures are focused on reducing inflow/infiltation to the collection system. Sludge is moved to the Avon wastewater treatment facility via a gravity flow through a trunk line. Vail's discharge permit expires in 1998. Adoru Wastewater Treatment Plang The Avon wastewater 4reatmenfi plant is a 3.2 MGD tertiary treatment facility. Average flows are 2.1 MGD and peak flows are 2.6 MGD. A major expansion is planned for 1995 to increase plant capacity to 4.3 MGD at a cost of $6 million. Sludge is currently dewatered with a belt press and composted adjacent to the Eagle County landfill near 1/Volcott. The plant treats for ammonia and has ammonia discharge concentration limits. This plant serves an estimated population of 14,815. Its permit expired in 1994, but is being extended until the plant expansion planning or until the expansion is completed. The plant is being expanded by the addition of primary clarifiers and autothemal digestors for the treatment of the biosolids. The digestor solids will be land applied as class A sludge. This expansion is expected 4o meet 4he needs of the Avon area (which includes the areas of Dowd Junction and Minturn, and sludge from the Vail plant) for twenty years (2015). Squaw Creek V!lasgewate~ Treatmen4 Plant Squaw Creek wastewater treatment plant is a 1.2 MGD secondary plant which currently receives average flows of 0.6 MGD and peak flows of 0.77 MGD. The plant serves an estimated population of 4,075 (over 2,000 EQRs). The plant treats for ammonia and has ammonia discharge concentration limits. Sludge disposal is similar to the Avon plant and the 1995 expansion includes increasing the sludge belt pressing capacity. The Squaw Creek plant permit expires in November 1997. EagBe Wastewater Treatmeavt Plant The Eagle wastewater treatment plant is a 0.273 MGD extended aeration activated sludge plant, constructed in 1974. The plant is not required to meet ammonia effluent concentration limits, but the plant is required to monitor ammonia discharge concentrations. Sludge disposal is accomplished via drying beds and hauled to the Eagle County landfill. The Eagle plant senres the Town of Eagle and the surrounding area. It is currently receiving flows in excess of 80% of its rated capacity, and is currently developing a 201 facilities plan.The anticipated dischage capacity of the expandind facility is 0.546 MGD. Eagle Sanitation District's permit expired in June of 1995 and is currently extended through the plant's expansion. E-23 Gypsum Wastewater Treatment Plant The Gypsum wastewater treatment plant is a secondary treatment 0.35 MGD • aerated lagoon system with chlorination and dechlorination of effluent which discharges to the Eagle River in Gypsum. tt receives average flows of 0.177 MGD and peak flows of 0.286 MGD. The plant does not have ammonia discharge limits, but is required to monitor ammonia discharge concentrations. Sludge disposal occurs on a five to ten year basis due to the lagoon treatment. The plant serves the town of Gypsum and will be serving the Eagle County Airport which is currently on an ISDS system. The Gypsum permit expires in 1999. Dotsero Mobile Home ParBc Wastewater Treatment Plant The Dotsero Mobile Home Park wastewater treatment plant is a Rotating Biological Contactor plant (RBC) will be covered under the state's general permit for discharges to groundwater. 3.1.2 Population Projectuons Population projections for the county and the municipalities in the Eagle River watershed are listed in Table 15. As previously stated, the county's annual average population growth over the last 3 years has been 4.9%, and since 1980 the growth rate has been 92% (7.1 % per year). Table 15. Eagle County Population Statistics And Projections Permanent Po ulation' ENTITY 1980 1990 1993 1995" 2000• 2005* 2010* 2015" Eagle County 12,791 20,932 23,639 25,355 29,091 31,952 34,968 37,924 (excl. Basalt) Avon 640 1,798 2,365 2,538 2,893 3,211 3,532 3,815 Eagle 950 1,580 1,647 1,767 2,014 2,236 2,460 2,657 Gypsum 743 1,750 1,945 2,087 2,379 2,641 2,905 3,137 Mi nturn 1,060 1,066 1,134 1,217 1,387 1,540 1,694 1,830 Red Cliff 409 297 302 324 356 395 435 470 IlVail 3,555 3,716 3,868 4,150 4,731 5,251 5,776 6,238 Information from the Division of Local Affairs Estimated populations Peak Po ulations ENTITY 1995* 2000* 2005" 2010* 2015'' Eagle County 45,000 51,000 57,800 65,500 80,000 Avon 17,675 23,508 29,341 35,174 48,582 Eagle 2,120 2,417 2,755 3,140 3,579 Gypsum 2,500 2,850 3,249 3,703 4,220 E-24 Minturn 1,600 1,760 1,936 2,130 2,343 Red Cliff 400 438 470 500 538 Vail 19,900 19,900 19,900 19,900 19,900 Peak population notes: Red Cliff numbers from May 1995 201 Facilities Plan Avon numbers from UERINA 1041 Water Treatment Plant Expansion Permit Application, March 17, 1995 and includes Avon, Arrowhead, Beaver Creek, Berry Creek, Eagle-Vail, Edwards, and out-of-district, SFE X 2.5 Vail numbers from Vail Category III Expansion draft EIS, 1995 As growth continues in the State of Colorado, both in-basin and transbasin water diversions will increase, leading to lower instream flows and increased water consumption. As future plant expansions are considered, it is critical that the water and sanitation districts consider the effects of increased diversion on instream flowrs. Reuse of wastewater should be examined as one method of reducing instream flow diversions. 3.1.3 OncBustraa8 Doscharges Industrial discharges fio the Eagle River and its 4ributaries include the Eagle Niine, the Eagle County airport, construction dewatering projects throughout the watershed, stormwater permit for construction activities throughout the watershed, and sand and gravel mining in the lower reaches of the Eagle River. These discharges are all permitted through the Colorado Discharge Permit System, administered by the Colorado Water Quality Control Division. These activities have, for 4he mos4 part, small quantities of discharge. Occasionally these discharges affect water quality, but usually these effects are temporary in nature. The greatest concern with the discharges (outside of the Eagle fVline) is the cumulative impact (especially with respect to sediment) that these discharges have on the Eagle River. 3.1.4 Poin$ Source Bssaaes - Surrnmary In summary, the current point source water quality problems of streams in the Eagle river watershed are: * Continuing to provide for an adequate level of ammonia removal to avoid ammonia toxicity problems in Gore Creek and the upper Eagle River. Current levels of waste water treatment are adequate to meet existing water quality standards buf decreased levels of streamflow due to upstream water development projects may require higher levels of treatment to maintain existing water quality levels in the upper Eagle River. E-25 ? The wastewater treatment system at Red Cliff needs to be improved. ~ ? The control of sediment from small industrial discharges as it relates to the cumulative impact of sediment on the Eagle River. 3.2 Point Source Recommendations The district consolidation accomplished by the Upper Eagle Valley Consolidated Sanitation District is strongly supported by the Northwest Colorado Council of Governments, and should be used as a model for the development of regional sanitation districts whenever feasible. The economic, political, and environmental benefits of regional wastewater management cannot be overstated. Red Cliff wastewater treatment facilities must be improved to meet wastewater treatment standards. Both inflow and infiltration problems should be addressed and corrected. Ammonia wasteload allocations need to be carefully monitored with respect to potentially decreasing low stream flows (1 E3 and 3E30 conditions). As future water and wastewater treatment plant expansions are considered, it is critical that the districts consider the effects of increased diversion on instream flows. Reuse of wastewater should be examined as one method of reducing instream flow diversions. Another consideration should be the location of diversion and return flow structures, which should be located in close proximity to each other. 3.3 Nonpoint Source Bssues The major nonpoint source water quality issues, listed in priority order, in the Eagle River watershed include: mining activities (primarily historic); urban and construction activities; hydrologic modifications, recreation, and agricultural activities. 3.3.1 Mining Impacts Excessive trace element con^entrations exist in Cross Creek and the upper Eagle River as a result of drainage from historical mining areas including the Eagle Mine. This site has been designated a Superfund site under CERCLA and an analysis of the sources contributing to these surface and groundwater problems has been completed. A great deal of progress has been made in improvements in water quality and biological restoration as a result of remedial activities at the Eagle Mine Superfund site. E-26 The potential exists for future mining in 4he Eagle River watershed. If the activity is no4 strictly regulated, water quality could be negatively effected. 3.3.2 Urban and Construction Activities Urban and construction activities have been shown to impact water quality [Vail Nonpoint Source Vl/ater Quality Management Plan, 1995]. These impacts include sediment, nutrients, metals, fecal, and organic pollu4ants. Loss of riparian area vege4ation 4hrough stream side developmenf and o4her activities also impact water quality and the aquatic community. An increase in nutrient loading is caused by the increased use of septic systems [Dillon Reservoir Clean Lakes Study, 1982]. Septic system management is addressed under Policy 4, which addresses domestic and municipal wastes. Documented water quality problems from septic systems include high levels of bacteria in private and public water supplies and elevated levels of nutrients. Regulation of septic systems is performed by the County, using state and local criteria (the local criteria have to meet minimum state criteria). The state requirements for ins4allation of septic systems have recently been upgraded (1994) to address water quality problems. A number of studies in the Blue River watershed have documented the nonpoint source increase in nutrients from septic systems, although 4he studies did not determine if the elevated levels were due to a few failing systems or due to the general performance of septic sys4ems. A septic system inspection and maintenance program should be initiated in the basin to identify and correct failing septic systems. Increased consumption of water through increased development could potentially lead to decreased instream flows and increased concentrations of pollutants, due to loss in dilution flowrs. As growth continues to occur throughout the watershed, it becomes more imperative that these activities minimize and/or mitigate their impacts upon water quality, in order 4o protect existing quality. 3.3.3 Hyc9rologic Modifications 3.3.3.1 Transbasin Diversions. Current transbasin diversions account for approximately 6% of the total streamflow in the watershed (Eagle River Assembly, Phase I Report, 1994). In 1993, 36,121 acre feet of water in the Eagle River watershed were diverted out of the basin (State Engineer's Office, Division V diversion records). Out of basin diversions are 100% E-27 consumptive, i.e. none of that water is returned to replenish the stream. These - diversions include: the Homestead Tunnel (22,961 acre feet per year, ten year diversion average); the Wurtz Ditch (2,659 acre feet per year, ten year diversion average); Columbine Ditch (1,839 acre feet per year, ten year diversion average); and Ewing Ditch (1,239 acre feet per year, ten year diversion average). Additionally, there are several substantial conditional transbasin diversion rights totaling an additional 100,000 acre feet (Homestake II has approximately 22,000 acre feet of conditional rights). It should be noted that these transbasin diversions occur primarily during the spring runoff, and therefore do not affect instream flows during the times of critical low flow, due to senior downstream appropriations (Eagle River Assembly, Phase I Report, September 1994). These transbasin diversions occur high in the watershed, and remove high quality water from the streams, resulting in loss of high quality dilution flows within the watershed. There are increased water development activities associated with transbasin diversions to the eastern slope of Colorado including the Denver Water Department's Eagle-Piney and Eagle-Colorado projects, and the expansion of the Homestake project on the upper Eagle River. These projects have the potential to increase the concentration of pollutants (through a reduction in the amount of dilution flows in the Eagle River), including ammonia and chlorine at existing point source discharges, and significantly modify the hydrology of the Eagle River. According to the Eagle Mine Remedial Investigation performed for the Colorado Department of Public Health and Environment, concentration of inetals in the upper Eagle River would be increased as a result of diversions from the Homestake II project. This could affect public drinking water supplies downstream and eliminate some of the potential benefits to aquatic life which are resulting as a consequence of the remedial actions at the Eagle Mine site. Details of these water development projects would be evaluated at the time of review of development applications under local land use regulations. In the 1993, water year those diversions accounted for 36,121 acre feet of water. As a comparison, the State's Water Resources Division has estimated that in-basin diversions for that same period were 6,800 acre feet. However, it should be noted that the transbasin diversions generally occur during the spring runoff, when low instream flows are not a concern, while in-basin diversions occur throughout the entire year and do exacerbate low stream flows at critical times. 3.3.3.2 In-Basin Diversions Throughout the Eagle River shortages in streamflow occur. A shortage is defined as an event when stream flow is lower than the CWCB instream flow amount for several consecutive days (Eagle River Assembly, 1994). Depending on the stream E-28 reach and the time of year (late summer or early winter) fihese shortages occur with a frequency of 9 in 2 years to 1 in 10 years (with the exception of the Eagle River between Brush Creek and the Colorado River confluence, when instream flow shortages appear to occur only during the late irrigation season in dry years). In-basin water users divert wa4er for domestic, irrigation, snowmaking, and industrial uses. Although the total amount of water diverted by in-basin users is less than transbasin water users, 4hese uses occur during periods when stream flows are low (Eagle River Assembly, 1994). It should also be noted that not all of the water diverted is consumed, with consumption ranging from 5-10% for domestic purposes to 50-70% consumption (or greater for golf courses) for irrigation. Water withdrawals impact water quality due 40 lower stream flows which, as previously mentioned, lower the dilution flow and assimilative capaci4y of the stream. 3.3.4 Recrea$aon Recreational activities can have an impact on water quality. These impacts range firom disturbance, soil compaction, and erosion in riparian areas, to snow making and golf course water withdrawals, to littering and associated water pollutants. 3.3.5 Agr6cu9tura0 Actudities Agricultural activities (from livestock grazing, hay production, and logging) have been documented to impact water quality, especially when those activities take place in riparian areas, but also when good management prac4ices are nof implemented in upland areas. Locally appropriate Best Management Practices (BMPs) are recommended for agricultural ac4ivities (see Policy 3- Land Use and Disturbance). 3.3.6 M6BBt andl A9ka@a Creeks These creeks contribute a significant amount of sediment and salt to the Eagle River, due to the naturally high erosive soils in these drainages and poor vegetative cover. Future efforts to reduce erosion, or possibly trapping the sediment prior to flowing into the Eagle River should be a high priority in this watershed. 3.4 Nonpoing source Recornmendations Policy 1: Water Quality; Policy 2: Water Use and Development; Policy 3: Land Use and Development; Policy 4: Domestic Municipal, and Industrial Wastes; Policy 5: Chemical Management; in Volume I should be implemented by the appropriate E-29 management agencies in the Eagle River watershed to address nonpoint source issues discussed in section 3.3. Urban runoff and construction activities in Gore Creek and the upper Eagle Valley will continue the need for control of these sources of water degradation as identified in Policy 3- Land Use and Disturbance - Implementation Recommendions. Municipal, county, and other agency nonpoint source water quality improvement projects should continue to be supported by local, state, and federal funding. 4.0 WATERSHED IIVIPROVEMENT PROJECTS The following projects in the Eagle River watershed have been undertaken to improve water quality in the basin. 4.1 Existinq Proiects 4.1.1 Eagle Mine Site Remedial Action Plan and Record of Decision A number of actions have taken place at the Eagle Mine as a result of the Remedial Action Plan and Record of Der,ision. Included in these activities were: consolidation of the mine tailings (Consolidated Tailings Pile, CTP); a wastewater treatment system which cleans water from the CTP and the mine itself; a sludge dewatering system at the wastewater treatment plant; capping of the CTP; reclamation of a wetland impacted by tailings (approximately 13 acres); and monitoring activities. Water quality and the fishery appears to be improving as these activities have taken place. For more information on the Eagle Mine clean up, contact the Viacom Project Manager at Eagle Engineering Services, the Colorado Department of Public Health and Environment's Hazardous Materials Division Project Manager, or the EPA Project Manager. 4.1.2 Vail Nonpoint Source Management Plan Beginning in 1992, the Town of Vail and the Northwest Colorado Council of Governments cooperated in developing a model Nonpoint Source Management Plan for the Town of Vail, based on the stormwater permit requirements for large municipalities (greater than 100,000 population). Land use based estimates of pollutant loads were done using stormwater samples collected from various land uses, historical water quality data was statistically analyzed to determine trends, a E-30 wetland survey was performed, and various management practices were recommended. The plan was completed and approved by 4he Town of Vail in 1995. For more infiorma4ion contact 4he Town of Vail Community Development Depar4ment Senior Environmental Planner or 4he Northwest Colorado Council of Governments' 1lVater Quality Program. 4.1.3 MiEk aovd ABkaS6 Creek Drainage Project In 1989, the Colorado Water Quality Control Division provided nonpoint source pollution control funding (Section 319 funding) to the Eagle River Council for initiation of the Milk and Alkali Creek Project Implementation Plan. The 1989 plan included the placement of large and small rock structures, as well as straw bales s4ructures in key locations engineered to trap sediment carried fhrough these drainages. In 1992 the project was revised to demonstrate effectiveness of different technologies. An existing structure was repaired and additional types of structures were constructed (log deflectors, rock retaining wall, and a third rock structure) in an ephemeral drainage where two structures already existed. This was done to see if a cummulative effect on sediment trapping is demonstrated. The long term impact to water quality as a result of this project is not known. Macro invertibrate sampling was also done on the Eagle river as part of this project. For more information, contact Eagle County Environmental Health Division, or the Water Quality Control Division iVonpoint Source Program Coordinator. 4.1.4 B8ack Lakes EnBargemeng Projecg The Black Lakes Enlargement Project was designed to provide additional drinking water for the Town of Vail. As part of the development of the project, some of the water was set aside to augment instream flows during low flow periods in the lower Gore Creek. 300 acre feet of water from the Black Lakes is now available to augment winter low flows in Gore Creek. 4.1.5 EagBe Rader Vla4ershed P9an The Eagle River Watershed Plan Project was initiated by the fViinturn Town iVlanager in 1994, through an application for National Park Service Trails and Corridors Gran4 assistance. Eagle Courity acted as the grant applicant. The effort has resulted in the Eagle River Vl/atershed Plan, which has been approved by the town and the County in the Eagle River watershed. The Plan includes chapters on water quantity, water quality, wildlife, recreation, and land use, as well as implementation recommendations. E-31 4.1.6 Gore Creelc Partnership A number of entities in the Gore Creek Valley have joined together to develop a monitoring program, database, and a water quality management program. These entities include: the Town of Vail; Vail Associates; Vail Valley Consolidated Water District; and the Upper Eagle Valley Consolidated Santiation District. They combined funding efforts to establish a USGS National Water Quality Assessment Program site at the mouth of Gore Creek and have applied for Great Outdoors Colorado funding to assist in the creation of the database and management program. 4.2 Future Proiects A recommended watershed project is the establishment of a watershed water quality group, as discussed in the Eagle River Watershed Plan. Other potential projects include further work on Milk and Alkali Creeks, and public education on nonpoint source water quality impacts and mimimization practices. 5.0 LAND USE REGULATIONS APPLICABLE TO WATER QIJALITY PROTECTION AND IMPROVEMENT This section is intended to summarize existing local land use regulations applicable to water quality protection and improvement. As of January 1996, the streamside setbacks in polace in Eagle County vary by locality. Eagle County and the Town of Eagle require a 50 foot setback from the high water mark of any live stream (which generally refers to area creeks and the Eagle River). Vail requires a 50 foot setback from the centerline of the stream. Minturn and Avon require a 30 foot setback from the high water mark. Gypsum and Red Cliff do not have stream setback regulations in place. Eagle County is the only jurisdiction that currenlty excercises state enabled "1041 powers. Under the County's 1041 authority, permits are required for extensions of water and sewage treatment systems and industrial and municipal water projects. Stormwater and erosion control ordinances are in place in Eagle County (which relies primarily on state standards), Vail, and Avon. Floodplain control ordinances are in place in Eagle County, Vail and Avon. All jurisdictions rely on federal wetlands regulations for wetlands protection and none have additional, specific provisions related to wetlands in place currently. E-32 o ` 6.0 WASTELO0'!D AkeLOCO'9TION9d 6.9 Amrnonaa Waste9oad A19ocations Most streams in 4he wratershed are classified to protect cold wrater aquatic life, thus 4hey have stringent unionized ammonia standards (0.02 mg/L). The unionized fraction of ammonia in the water depends on stream pH and 4emperature. Streams in the watershed tend fio have higher pH values, and this has resulted in wastewater facility requirements for advanced wastewater treatment to reduce ammonia concentrations. In the Eagle River watershed, the Vail, Avon, and Squaw Creek wastewater treatment plants have installed advanced (tertiary) treatment to decrease ammonia concentrations. 7.0 WATER QUA~ITY IVIOIVITORIIVG NEEDS 7.1 Exis$ing Monator6uvg Efforts Entities monitoring water quality in the Eagle River watershed include: Viacom (Eagle Niine); 4he Water Quality Control Division, the Division of Wildlife; Vail Associates; Upper Eagle Valley Consolidated Sanitation District; the USGS; the Town of Vail; the cities of Aurora and Colorado Springs; the Colorado Division of Wildlife's River V1/atch Program; the US Forest Service and Bureau of Land Management; and public water providers. Additional information on specific monitoring efforts can be found in Appendix 5(Select 1Nater quality Data From Region XII, with References For Expanded Water Quality Data). Individual agencies have tended to monitor water quality without regard to long term goals, coordination between agencies, and other monitoring efforts. In addition, an extremely valuable long term 1lVater Quality Control Division data collection effort at nine stations in the Eagle River watershed is being reduced to one station. 7.2 Water QuaYi$v Moni4orinq Needs Accordingly, the Eagle River Watershed Plan, and this plan are recommending that a committee be established to examine existing monitoring programs, compile and analyze existing data, provide for monitoring program development and execution, and public information dissemination. E-33 f Specific areas of the Eagle River watershed that warrant continued monitoring include: Gore Creek, where entities in the drainage have expressed interest in establishing a database and acquiring additional information on the state of the creek; the fower Eagle River where fish kills have historically occurred; the Eagle Mine site; potential water quality changes due to increased density of homes on septic systems; and the Milk, Alkali, and Ute Creeks for additional nonpoint source sediment control projects. The loss of the Water Quality Control Division's long term monitoring stations in the Eagle River watershed will significantly impact the ability of planning and management agencies in assessing the watershed's existing water quality trends, and impacts as a result of watershed projects, planning, and management. 8.0 WATER QUi4LiTV STANDARDS AIVD RECOMMENDATIONS 8.1 Existin Classifications and Standards The current water quality classifications, designated uses, and standards for the various stream segments in the Eagle River watershed are fisted in Tabfe 15. The Eagle River watershed had 12 segments identified by the Water Qua(ity Control Commission. Two of the segments have been designated "Use Protected", whife the remaining ten are reviewable under the State's anitdegradation regufation. Most of the segments in the watershed are ctassified for these uses: Aquatic Life, Cold 1; Recreation 2; Water Supply; and Agriculture. Two stream segments in the Eagle River watershed are designated Use Protected. One is the mainstem of the Eagle River from Belden to the confluence with Gore Creek. The other segment is Milk and Alkali Creeks from their source to the confluence with the Eagle River. All other stream segments in the watershed-are-- reviewable under the State's antidegradation regulation. Three stream segments are under temporary modifications to the water quality standards. These segments are all under the influence of the Eagle Mine site. 8.1.1 Designated Use Irnpairment Segments The 1994 "Status of Water Quality in Colorado " Report, or 305(b) Report, lists seven Designated Use Impairment stream segments in the Eagle River watershed. This list indicates stream segments which exceed or come close to exceeding water quality standards. The State's list is included in Table 16. Six stream segments are listed, due to metal concentrations, two are listed due to sediment loads, and two are listed due to ammonia concentrations. E-34 e- Table 16 STREAM CLASS8FECAT0~~S aM WATER QUALOTY STANDARDS ' REGIO?1: 12 Doatg Clcaatficattono NUMERIC STANOARDS TEPIPORAAY MOI F 1 CdT IOOiS BASINt Eagla R1vor AND OHYSiCAL IItORGANIC PIETALS WALIf IfAS : StroaFa Sogmont Doucrlptton ond BiOIOGiCAI ehS 1. All trlAutorlon to tho Eo lo A Llfo Cold 1 D.O.=6.0 1 NH ((oeh)~TVS 5-0.002 Aa(ac) SO(Troc) Fo eh 300(d1o) Nt jacj.,jijV ntmm atthln tho Goro Roarme N on 2 D.O.(ap).~~ g/1 C12(a.OI9 8+0.75 Cd(ae3~TV5(tr) Fo eh;~]OOd(iroc) Smchroe) Rvor oy onga - Eagloo Noa2 Hutor Supply pH•6.4-9.0 C/1/cb =0.01] NOt=0.08 Cd(ch -TVS Pb ac eA) TdS Agoa -TV1ldornoon Aroe oed Holy AgH eulturo FColt=2000/100m1 CN- b.005 N0~ 10 CrtII(cc)~BO(Yroc) Mn cb1- 50(d1o) Znoc/cA)=id5 Croca H1ldarnona Aroa. C1-250 Crtll ae eh ~~VS Mn ch =1000 Troe) ' S04-250 Cu(ac/c~)~~VS Hg eh -0.01( Q44. 9-8-883 2. Molnatwa oV Tho Eu lo lilvor A L1to Cold 1 D.O.=6,0 m [1 NH c`/cb)=itl5 5=0.002 AuSac 50(Troe) Fo ch 300 d1a) NI ac ch).TVS 4rom tho oourco to tha Rocrootion 1 D.O.(aP)7. mg/1 C1 nc ~0.018 8=0.75 Cd oc ~TVS(Yr) Fa ch m100 Troc Sa ch 10itroc 9 4 ° 9u i~o! 5~e ~m ( ~ ° ) canproaaor bouao brtdgo e4 butor Supply pH-6.5-9.0 C1- ch~=0.011 N0= 0.08 Cd~ch =TVS Ob oc /ch) irS Ag oc ~TV Boldon. Agrlcuituro f.Colt=200/100m1 CN.Q.OOS NO~=30 CrIII(mc)=SOjiroe) Mn ch)~50(d1o) Zn mc/ch)=TVS C1=250 CrVI(ae/cA)= VS Pin eh)=1000(Troc) SOe-250 Cu(oc/cl~)-TVS Hg eh)-0.01 E9P. 8-2-481 7. All trlbutarlon to !ho Eoglo AQ Lifo Cold 1 D0.-6.0 mg 1 NH~((uc eh)~TVS 5-0.002 As(oc)~50(Trat) ia ch JOO(d1a) N1 ee/ch)~TVS Rtvor, lneluding oll lokoe Rocrautlon l D..O,(ap)-7.~ mg/1 C1~(mc~-0.019 B-0.75 Cd(ac3-TVS(tr) Fo ch;~1008(Troc) So~eh)~10(Troc) und roaervolra. Irom tho Hotor Suppty pH-6,5-9.0 Cltfeh)=0.011 N0= O.OS CA(cA -TtlS Pb ac eh)mTVS Ag ac)-TVS sonrce 4o tho eanpra.aor Agrteulturo F.Colt-200/100m1 CN-b.005 NO~~10 Cr1ll(ac)=SO(Troc) Ptn chS=60(dla) Zn ee/ch)=Ttl5 housa Erldgo ot Bolden, C1=250 Crtll(ac/ch)=1YS Mn ch -1000(Troc) oxcopt 9or tho spaetflc 504-250 Cu(cc/el~)~YVS Hg eA;m0.01 E46. 9-2-98s 11et1ng 1n Sogmant 0 ond Ag(tA)=TVS(tr) thos0 aatara lncludod /n 4. Mminstem o4 Homsatako Creok AQ Lito Cold 1 0.0.~6.0 mg / NH~(ac/eh)-TVS 5.0.002 Aa((ac) 50(Troa) Fe ch) 300(dia) N1 ac ch)-TVS 10(Troc) lrom tho eonfluenco 04 tho Rocroatlon 2 p)-7.~ mg/1 C1~(ac3~0.018 8.0.)5 td(mo)mTV3(tr) Fa ch).1000(Troe) Se ch . Ea¢t Fork to tFo coniluanev Nator Supply pH-6.5-9.0 C(ch -0.011 N0,-0.04 Cd~ch~miVS Pb •c eh) TVS Ag •c ~TV~ 50(dts) Zn oe/eh)~iVS alth tha Engle qivor mueopt Agrleulture F.Co11-2000/IOOmI CN-0.005 NO~ 10 Cr~(I(me)~50(Troe) Mn eh4- 1or fhoso watorn lneiudod In C1-250 CrVI(acJch)~iVS Mn eh -1000(Trae) Segmont 1. 50.-250 Cu(sc/eF~)-YVS Hg ch;-0.01 Ef9. 9-2-98= 5. Molnatam o4 4ha Emglo R/ver Aq Llfo Cold 1 D.0,=6.0 mg 1 NH. [occh /c h)-TVS 5-0.002 Aa(ch 50(Trec) Fch :30(d1s) Hg ch -0.05 Mn d1s)-I50 irom tho eompreanor houoe UP Rmeromtlon 2 D.O.(ap)m7.~ mg/1 N1~0.02 9m0.75 Cd(ch;-1 F• ch 100C(Trac) N1 cA 50 u9S1 brldgo at Belden to fha Wator Supply pN-6.5-9.0 C1~ aeS.0.019 N0,-0.08 CrIII(eh)m80 Vb ch -8 So cA m10(Tree) (E4focttvo eontluonco atth Goro Craok. Agrlculturo F.Co11-2000/IOQmI Cchf-O.OII N0~~10 CrVi(eh)-25 Mn eh a50(dte) Ag eh ~O.i untll CN~ .005 C1~250 Cu(ch)=14 Atn ch ~1000(7roc) Zn ch =400(diu) 4/30/96). SOa 250 M'ter ¢upply goel qua11f1or. . A1l Mctnlo Trot unloan othanvl ao notod. 6. Alvll trl6utarloa to the Eaglo Aq Ltfe Cold 1 D.O.-6.0 mg/1 NH~ oc ch)-TVS 5~0.002 Re me 50(Troe) Fm ch 300(d1n) N1 ec ch)~iVS Ror, lnelud/ng all lekoa Reeromtlon 1 D:O.(op)~7.b mg/1 C1~ oc -0.019 8-0.75 Cd ac =TVS(tr) Fa ch;-1000(Troe) S• eh -10(iroe) nnd rasorvolre, from thm Maimr Supply pH=6.5-9.0 C1~ ch -O.OII HOt.0.05 Cd ch -TVS Vb ac ch)~iVS Ag •c -TVS canprmoeor houam brtdg• at Agriculturo F.Co11=200/100m1 CN~ .005 NO~ 10 Cr III(mc)-50 Troe) Mn ch ~50(dta) Zn ae/eA)mTVS 8mldmn to o potnt lnanodletoly C1-250 Crtll(ae/eh~~IVS M~ ch -1000(Troe) bolow !hm eon9luonca wlth SOa-250 Cu(ec/cl~)= VS Hg ~h 1-0.01 E4f. 3-2-~: Leko Craek, enc~pt for thm Ag(ch)-TVS npec141c 11at1ng /n Seymmnt end thosa aotcr inctudod n 7. Naln¢tem of Croan Croak from qq Llfo Cold 1 D.0.-6.0 mg/1 H. ac 'TVS 5~0.002 Ao ac 50(Trmc) Fa ch - 300(dts) Ni ch SO N11 Trmc tf~e soureo to !ho confluonco Recrootlon 2 D.O.(ap)-7.b mg/1 NH~ ch3~TVS 8-0.75 Cdfch;-2 F. ch ~1000(Troc) Sa ch -10(Troc) u" loaa w1th !Ae Eoglm R1ver, oncopt k/etar Supply PHC~6.5-9.0 C1~ •c)~0.019 HO~ 0.05 Cr1i1(ch)-50 Pb ch ~6 Ag ch -0.1 othon.loc /or thoso wotora lncludod in Agr7culturo F.o11~2000/100m1 C1~ ch)-o.ot1 ra,-1o CrVI(eh)-2s nn cn -so(ato) zo en -350 ooe.e. Smgmont 1. CN- .005 C1-250 Cu(ch)e5 Mn ch -3000(Trec) 50 -250 N ch -0.05 8. M.tnatem of Gora Crook 4rom Aq Ltfa Cold 1 D.0.-6.0 mg/1 HH~(ac/ch)~TVS 5-0.002 As(.c)~50(Trac) Fa eh 300(dto) N1 eh)-TYS tA~ eonfluo.eo alth B1oek Aecrmmtlon 2 0.0.(sp)a7.0 mg/1 C1=(ac)-0.019 8-0.75 Cd(ac)~iVS(tr) Fe ch;-1000(Trae) 5• ch ~10(Trae) Gore Creok to tho tonlluonco Mator Supply PH-6.5-9.0 C1=(ch)=0.011 N0= 0.04 Cd~ch)-TVS Vb •cJch)-TVS Ag •c -TY$ th 4hu Eogle R1vor. Agrlculturo F.Colt-2000/100m1 CN-0.005 N03.10 CrIII(sc)-50ITrec) Mn ch)Zn •c/ch)-TVS C1-250 CrVI(ac/ch)- VS Mn ch)-2ooo(rrec) S0: 250 Cu(ae/eh)-TVS Hg eh)-o.oi ete. 3-2-9e: A cA -TVS tr 9. Malnatem of thc Emglo Illvor Aq llfo Cold 1 D.O.(6.0 mg/1 NH=(oc/ch)=TVS 5-O.OQ2 Ac(ec)-50(iroc) Fe ch -300(d1o) H1{ec ch)-TVS Mn d1a)-85 tran Goro Crook to tho Rocroetton 1 D.O. ap)-7.b mg/1 C1 (oc)-0.019 Be0.75 Cd(ec)~TVS(tr) fa ch;~1000~1rce) So(eh~~10(iree) ugS1 confluoeco atth tho Colorodo Hctor Supply pH-g,5-9.0 C1=(ch)-0.011 N0= 0.05 Cd(ch)-TVS pE oc/ch)-T S Ag(cc -TVS (Etfoatlvo R1vor. Agrlculturo F.Co11-200/100m1 CN-0.005 MO-10 CrIII(oc)-SO(Troc) Mn ch)-50(dlo) Zn(mc/cn)-rvs unc+i C1-250 CrVI(ue/cA)- iVS Mn ch)-1000(Troc) 4/30/96)• SOa=250 Cu(oc/ch)-TVS Mg cl~)-0.01 EP4. 9-2-981 Hotor Supply . Ag(ch)-TVS(tr) gool uu1141or. Table 16 (continued) CLA$rSIFOCATOONS ai1d WATER QUALfTY STANDARDS REGIONt 12 Destg Clafslflcattons NUMERIC STANDARUS TEMDOqARY SASIN: Eegle R1wr MOOIFICATIONS AND VHYSItAL tNORGANIC METqLs QUIILIFIERS Stream Segmant Descriptlon ond BIOIOGIGL 30. All trlbutarte• to th• Eagl• Aq L11• Cold 1 D.O.-6.0 mg/1 NH.ac ch)-TVS , 5~0.002 Ao (ac 50(Trec) F• eh u 700(d1s) N1 lec/ch)-TVS •e ch) TVS Rtvor, lncludtng •11 lakes Rocroatlon 1 D.O.(sp)-7.b mg/1 C1 •c ~0.08-0.75 Cd(•c~~TV$(tr) F. ch;~1000(Tree) 5•ch Ib(Troe) anA reservolrs. Irom a potnt Mater Supply pN-6.5-9.0 r1=€eh -0.01: k0i=0.63 tdtcA)-TYS Wb aejcA)ac~-TY$ 9nmad9s2aiy ce9ow th• Agrlcultur• i.Coli-200(100m1 CN.0.045 NO3,70 Cr~II(~e)~50(Tree) Mn ch)-SOco~ttu~nc~ wlth l~k• Creek to C1-250 CrV1(~e/ch)~tYS Mn ch)~1000(Trec tha conflu,nc• wlth ih• SO -250 Cu(ac/ch~-tvs H cn -o.o1 ~ Ef1. 3-2-96s Colorado Rlwr, •acept for ~ 9 ) 2 p.c111c 11s N ngs tn S~gm~nts Ag(ch)~tVS(tr) 11 end 12, ond thosa wator~ Included tn Sa ment 1. , 11. Mainatem ot A1ka11 Cr~ok lrom Aq L11• Cold 2 D.0.-6.0 mg/1 th• sourco to tho contluanco Recreatlon 2 D.O.(sp). T.b mg/1 wtth ~h• Eagta Rlvsri UP Agrleulturo pH-6.5-9.0 m~lnat~m of M11k Cre~k Irom F.Co11-2000/100m1 th• sourc• to the eonflumnce wltb th• Eo lo R1var. 12. MaInst*m oT Brush Creak, from Aq Li1• Cold 1 D.O r6.0 mg/1 HH.(•c ~TVS 5-0.002 M(•c)~SO(Tr~c) F• icA) 700(d1s) N1 •c ch)~TVS th• ~oure• to th• conllu~~c• R~cre ~tlon 2 D.O.(sp)-7.b mg/1 NH=ch~-0.02 8-0.75 Cd(~c3-TV3(tr) F• ch)~1000(Trec) So ~ch 10(Troe) th th• E•g1• r1v-r, Meter Supply pM-6.5-9.0 C1 •c -O.Ol9 NO -0.05 Cd(ch -iYS 9E •e Ag ec~~TV$ inclluding th~st •nd M~st Agrlcultu~• FColt-2900/100m1 Cli ch -0.011 NO~ 10 CrtII(~c)-SO(Troe) Mn chjch)-TVS -SO(d1o) w Zn •c/ch)-TVS Forkt. CN- .005 C1-250 CrVI(a e/ch VS Mn ch~1000(ir~e) so.-ZSO cu(.c/c6~- -i~vs Ha on -o.oi~rr.~) ert. a_z-9e: A ch -1V5 tr i ^ e Table 17 Colorado Deparfinent of Public Health and Environmen4 Designated Use Impaimnent EAGLE RIVER VVBID Segment Description Evaluated/ Status Cri4eria Constituen4(s) Region/Segment flHonitored COUCEA02 Eagle River m Not Supporting Q Metals 92/2 source/Belden Not Supporfing N Metals COUCEA05 Eagle River, fill VVQL N Metals 12/5 Belden/Gore Creek 1lVQL N Sedimen4 COUCEA07 Cross Creek M Not N Metals 92/7 source/Eagle River Suppor4ing Q Metals No4 Supporting . COUCEA08 Gore Creek HN 1lVQL Q Metals 12/8 Black Gore,Eagle River liVQL J Un-ionized Ammonia COUCEA09 Eagle River, Gore Creek/ f1N Partially Supporting Q Metals 12/9 Colorado River liVALA J Un-ionized Arnmonia COUCEA90 Milk Creek, E Partial Supporting N Sedimen4 12/10 Alkali Creek Salinity m B- Indicates biological information 6 J- Indicates direct obsenration or professionat judgement 4 N- iVonpoint Source Assessmen4 Q- Indicates chemical or microbiological water quality data 8.1.2 303(d) List Segments ~ The Clean Water Act requires that the State compile a list of those waters for which the basic effluent limitations are not stringent enough to implement water quality standards, and thus require Total Maximum Daily Load (TMDL) allocations. The State's 1994-1996 303(d) list for the Eagle River watershed lists four segments (see Table 17). All four segments are listed due to metals concentrations. Three of the segments are in the upper reaches of the Eagle River (and include Cross Creek), and are listed as a low priority. The fourth segment listed is Gore Creek, which is listed as a medium priority. 8.2 Water Qualitv Standards Recommendations The recommendations for water quality standards and regulations in the Eagle River watershed follow. 8.2.1 Support of Existing Standards and Temporary Modifications It is recommended that the existing standards and temporary modifications in the Eagle River watershed be continued. Work to improve water quality in all three stream segments with temporary modifications is continuing. A 1993 Record of Decision for the Eagle Mine site will ensure that continued progress will be made in improvements to Eagle River water quality. The Water Quality Control Division, the Environmental Protection Agency, and Viacom, Inc. have agreed to examine the development of aquatic biological goals for the site and the impacted aquatic environment. rtr\amipro\docs\208\\eg196rev E-38 D Table 18 Colorado Depar4menf of Public Heal4h and Environmen4 303 (d) Lis4 EAGLE RIVER VVBID Segmen4 Description Evaluated/ S4afus Criteria Cons4ifuen4(s) Priority Region/Segment Monitored COUCEA02 Eagle River AN No4 Q Me4als Low 92/2 source/Belden Supporfing COUCEA05 Eagle River, M Partially Q,B,l' Metals Low 92/5 Belden/Gore Creek Supporting COUCEA07 Cross Creek iV! Plo4 Q Me4als Low 92/7 source/Eagle River SupporQing COUCEA09 Eagle River, Gore Creek/ M Par4ially Q,T NNe4als RAedium 12/9 Colorado River Supporting B- Indicates biological information J- Indicates direct obsenration or professionat judgement N- Nonpoint Source Assessment Q- Indicates chemical or microbiological water quality data T- Temporary Modification m ~ w co • ]EAGLIE ~OU1`1TY R]C+ CREATffON AUTHOR~TY STATUS REPORT lFelbranary 8, 1996 P¢ter Jaa¢nar Assocnates, Iunc. " Saaute 2041 Vaull Natioaaall I~ank Baae?dl'eang Va6?, Colloradlo 81657 TABLE OF CONTENTS 1 INTRODUCTION 1 2 BACKGROUIVD 1 3 REGULATORY/ZOIVING ISSUES AND PROCESS 2 4 QUESTIONS/ISSUES 4 5 INTERVIEWS WITH POTENTIAL USERS 5 ATTACHMENTS A 1989 CONCEPTUAL MASTER PLAN B 1990 CONCEPTUAL MASTER PLAN C 1992 CONCEPTUAL NtASTER PLAN D 1994 SKETCH PLAN , E 1994 SKETCH PLAN CONCEPTUAL 1VIASTER PLAN F EAGLE COUNTY ZONING VIOLATION DISTRICT G SCHOOL DISTRICT NIII.,LER RANCH MASTER PLAN H EAGLE COUNTY RESOURCE ZONE DISTRICT 1. INTRODUCTION At the Eagle County Recreation Authority (Authority) meeting on January 4, 1996, the Authority requested that Peter Jamar Associates, Inc. (PJAI) prepare a brief report regarding the Berry Creek Sth Filing. Specifically, the report was to provide a brief description of the history and current status of the property, an outline of planning process options and time frames and a list of issues and questions related to future development of the site. The Authority also requested PJAI to investigate the current interest of various entities that had previously expressed a desire to participate in the development, operation and management of facilities on the Berry Creek Sth - Filing. The goal of this report is to provide the Authority with information that will allow the Authority to address the following issues: 0 A potential violation identified by Eagle County. Eagle County has taken the position that the weekly rodeo hosted by the Equestrian Center during the previous summer is in violation of the county zoning regulations. 0 The July 1996 deadline to define a location for the floating access easement that benefits the Eagle County School Districts' Miller Ranch property. 0 Issues related to the planning process for development of the Berry Creek Sth Filing in accordance with the Sketch Plan approval. 2. BACKGROUND The Eagle County Recreation Authority was formed in November of 1991 as the entity to purchase and manage the 105 acre Berry Creek Fifth Filing parcel. The Authority is composed of the Towns of Vail and Avon, Eagle County and the Arrowhead, Beaver Creek, Berry Creek and Eagle-Vail Metropolitan Districts. These entities each own a percentage of the property. The Berry Creek Sth Filing parcel was part of the Berry Creek (Singletree) Planned Unit Development and received Preliminary Plan approval and zoning for 198 dwelling units in 1983. Eagle County officials are of the opinion that although the property is zoned PUD, the preliminary plan has expired. In order to develop the property, a PUD Amendment is required. The PUD Amendment is a two step process consisting of sketch plan and preliminary plan review and approval process. A PUD Sketch Plan provides an applicant with a conceptual approval of allowable uses and densities, but does not vest any development rights. This step has been completed for the Berry Creek Sth Filing property. A PUD Preliminary Plan builds on the approved Sketch Plan and provides for specific development controls, allowed uses and densities. The PUD Preliminary Plan does vest development rights. If any further subdivision of land is then desired, a final plat approval must be obtained. Extensive public input processes have been undertaken for the purpose of planning the site. As early as 1989, prior to formation of the Eagle County Recreation Authority, public meetings were Eagle County Recreation Authority February 8, 1996 1 held to gauge community interest in potential uses and facilities for the property. In addition to these hearings a comprehensive review of existing public input documentation was conducted. These documents included the 1989 Eagle County Recreation Task Force Report and the 1988 Minturn Recreation Survey. Based upon this public input, the first draft of a conceptual 1Vlaster Plan for the property was created in December of 1989 (Attachment A). Based upon review by the public and the Authority, this draft was updated in March of 1990 (Attachment B). In January of 1992, an additional public planning process was initiated to solicit public input for the purpose of updating the Conceptual 1Vlaster Plan. A total of 7 public hearings were held in various communities within the county in order to ensure broad geographic representation meeting attendants completed written surveys that included facility and program desires as well as priority requests. Based upon this input, a revised Master Plan for the property was created (Attachment C). In 1993, the Authority initiated the Eagle County Sketch Plan approval process with public input meetings in the Singletree and Homestead areas. The input from these meetings as well as all previous public input was incorporated into a sketch plan application submitted to Eagle County in July of 1993 (Attachments D& E). The sketch plan application included educational, recreational, equestrian and residential uses and requested that the previous density of 198 dwelling units be maintained. The Board of County Commissioners signed Resolution 94-82 on June 14, 1994 approving with conditions the sketch plan for the Berry Creek Sth Filing. The conditions of the approval are: 0 Restrict residential development to no more than 91 dwelling units. 0 The Preliminary Plan shall consider visual quality as a limiting parameter for site development and building location. 0 A dog control program shall be included with the Preliminary Plan. The sketch plan is valid for a period of two years. The approved Sketch Plan will expire in June of 1996. 3. REGULATORYlZONING ISSUES AND PROCESS The Berry Creek Sth Filing property was granted PUD zoning and Preliminary Plan approval for 198 residential dwelling units in 1983. In 1989, the Eagle County Attorney issued an opinion that the Preliminary Plan had expired and that there were no uses by righC. The status of the existing Equestrian Center was not addressed in the county letter. In 1995 Eagle County issued a letter (Attachment F) notifying the Authority that the rodeos being held at the Equestrian Center were in violation of county zoning regulations. This letter revised the previous opinion that there were no allowable uses on the property. The current interpretation is that the allowed uses of the property revert to the previous zoning when a Preliminary Plan expires. In this case the original zone district classification of the property is Resource. Eagle County Recreation Authority February 8, 1996 2 In either case, the existing Equestrian Center is considered by Eagle County to be a legal, non confornung use. This use may continue in accordance with its historic operations, but may not be expanded upon. In order to proceed with continuation of the rodeo use at the Equestrian Center there are two regulatory options: obtain either a special use pernut or PUD Preliminary Plan approval. A. Special Use Pernut A special use pernut may be issued under the Resource Zone District to allow for mass gatherings such as rodeos and horse shows. Submittal requirements for this special use pernut would entail a written narrative of the proposed uses and a detailed site plan indicating all physical features of the site. The following issues would have to be satisfactorily addressed by the applicant: 1. food service and liquor license 2. first aid 3. police protection 4. traffic controUaccess 5. water supply 6. solid waste disposal In addition, a current Colorado Department of Transportation Access Pernut would be required. The review and approval process can be expected to take approximately 4-6 months. There is na expiration period for special use pernuts. Completion of a special use permit application would not require a significant physical planning process. B. Preliminarv Plan This is the only regulatory process option available for development of the property in accordance with the sketch plan approval. The sketch plan did specify equestrian uses and special events. The Preliminary Plan would include those uses and allow for special events such as rodeos and horse shows. Submittal requirements for a Preliminary Plan would entail a detailed site plan including all facilities, roads, parking areas and infrastructure. Information and reports describing the site geology, soils, vegetation, wildlife, and wildfire characteristics would be required. A detailed grading and drainage plan and a property survey would be required. A Preliminary Plan approval would also require a current Colorado Department of Transportation Access Pernut. The review and approval process would, based upon previous experience, require approximately 8-10 months. A Preliminary Plan approval is valid for a period of 3 years. Eagle County Recreation Authority February 8, 1996 3 In order to complete a Preliminary, Plan application, a physical planning process would be necessary to develop a Master Plan for the property. This physical planning exercise would entafl the following process: 1. Initial project discussion and brainstorming session with the ECRA. 2. One or more public input meetings to reaffirm the public vision for the property. 3. 1Vleetings with parties mterested in developing or operating facilities and/or programs. 4. Development of a Master Plan for the property detailing road locations, parking and facility locations. 5. Development of engineering drawings and cost estimates. 6. 1Vlaster Plan refinement and phasing plan development. This information would then form the basis of the Preliminary Plan submittal to Eagle County. A tentative schedule for this process would be as follows: February-March Initial ECRA meeting and public input sessions April Plan development May-June Prepare application July Application submittal July-October Review and approval process C. No Action A third option is not to seek any regulatory approvals at this time. There are two immediate implications of this no action alternative: 1. The Equestrian Center could potentially not be allowed to continue with the weekly rodeos or host any other special event or mass gathering. The Equestrian Center could continue to operate as a non confornung use as a boarding operation. 2. The Sketch Plan approval will expire on June 14, 1996. The Authority could choose to seek an extension of the Sketch Plan approval by the Board of County Corrunissioners. If the Sketch Plan expires, future development of the property would require both Sketch and Preliminary Plan approvals. There are some uses that are allowed by right in the Resource District that could be developed, including park and play field uses (See Attachment G). Eagle County defines a park as "land retained in an open condition for recreation use; it may be improved with playground apparatus, tennis courts, picnic areas, riding or hiking trails, recreation fields, swimming pools and similar facilities". A current CDOT Access permit would be required to expand any use of the property. 4. QUESTIONS/ISSUES There are several questions and issues that need to be addressed through the initial physical planning process in order to complete a Preliminary Plan application. A partial list of the issues follows: Edwards Spur Road Access Access onto the Berry Creek Sth Filing sice from the Edwards Spur Road has always been Eagle County Recreation Authority February 8, 1996 4 recognized as an issue. Any expansion of uses on the site will require issuance of a new Colorado Department of Transportation Access Pernut. The concern has always centered on the cost of improvements to the road that may be a condition of permit issuance, particularly if the required improvements include a widening of the railroad overpass bridge just south of the proposed access point. In 1994 CDOT issued an Access Permit for a middle school and two ball fields. This permit included a variance requesC which alleviated the need to widen the railroad bridge. This permit has since expired. The cost to construct the improvements associated with the 1994 permit and to build a road down onto the site in 1996 dollars is estimated to be $250,000. If bridge widening is required, that cost could increase by an additional $400,000 according to preliminary cost estimates prepared by Alpine Engineering, Inc. In response to increasing in the area traffic as well as several develapment proposals along the Edwards Spur Road including the Berry Creek Sth Filing, Eagle County has initiated an Access Management Plan for the Spur Road. The desired result of this Access Management PIan will be a comprehensive access and improvement design which will coordinate the access and improvement proposals of the various properties. The county has scheduled a meeting to discuss this plan for February 29, 1996 at 1:30pm in the Eagle County Building. All potentially affected parties, including the Authority, have been invited to attend. - A. Internal road location The adjacent 1Vliller Ranch property, owned by the Eagle County School District is the beneficiary of a floating access easement across the length of the Berry Creek 5th Filing. The location of this easement must be defined by the Authority by July of 1996. There are three obvious locations of the road: the north side adjacent to Interstate 70, the south side adjacent to the railroad tracks or a location in the middle of the site. This location needs to be determined. Housinn The ECRA Board must decide if housing is appropriate for this location and what density and type of housing should be planned for. Entities interested in constructing housing should be researched. Private vs. Public invodvement Should facilities and programs be developed and operated by public or private organizations. FundinQ A mechanism for funding property improvements and facilities should be determined. Potential public grant programs such as Great Outdoors Colorado and Lottery revenues should be investigated. 5. INTERVIEWS WITH POTENTIAL USERS The Authority requested that we meet with the entities that have previously indicated an interest in Eagle County Recreation Authority February 8, 1996 5 building or operating facilities on the Berry Creek Sth Filing. The groups met with and a summary of current interest is as follows: A. Name of organization: Vail Recreation District Conlact person: Piet Pieters, Executive Director Description of organization: The boundaries of the Vail Recreation District match the Town of Vail boundaries, the District however, is independent of the Town and is directed by an elected Board of Directors. The District is a taxing entity. The District has a professional staff and operates the Vail Youth Center, the Vail Nature Center, the Vail Golf Course, Dobson Arena, and the Ford Park Tennis Center. The Town also runs recreation programs in the Red Sandstone Elementary School and in the Town Parks. In 1995 the District's programs in Ford Park alone exceeded 50,000 participant days. Approximately 80°l0 of the participants in Vail Recreation District programs are out of district residents. Expressed interest: The Vail Recreation District is interested in the management of facilities and programs at the Berry Creek Sth Filing. The current position of the Board is to not spend district tax dollars on out of district facilities. B. Name of organization: Western Eagle County Recreation District Contact person: Tom 1Vietsa, Director Description of organization: Western Eagle County Recreation District is a recreation provider whose district boundaries cover much of western Eagle County. The district extends from Dotsero to Edwards andalso includes the McCoy and Bond area. The Berry Creek Metro District, including the Sth Filing is excluded from the WECRD boundaries. Cordillera, the Cordillera Valley Club, Lake Creek, the Homestead, the Reserve, the Miller Ranch property and portions or Arrowhead are within the district. The district operates two softball fields, a baseball field, soccer field and the Eagle Swimming Pool. The district also operates programs out of each of the schools within the district boundaries as well as programs in the Gypsum and Eagle Town Parks and several other parks in the district. Expressed interest: The WECRD is interested in constructing, managing and maintaining facilities and programs on the Berry Creek Sth Filing. The WECRD has contemplated a future bond issue of approximately $2,000,000. Approximately $750,000 of that issue would be eannarked for facilities in the Edwards area. C. Name of organization: Berry Creek Equestrian Center Contact person: Pam Fisher Description of organization: Private entity that currently manages the Berry Creek Equestrian Center. Currently board 50-60 horses and provide riding instruction. During summer of 1995 the Equestrian Center hosted weekly rodeos. Expressed interest: Interested in continuing to manage and operate the Equestrian Center. Would like to expand to create a world class equestrian operation including rodeos, sanctioned polo events, Grand Prix horse show competitions, and a riding academy. Eagle County Recreation Authority February 8, 1996 6 D. Name of or,ganization: Colorado 1Vlountain College Contact person: Kay Saulsberry, C1VIC VaiUEagle Valley Dean Description of organization: C1VIC is a regional Community College with facilities in Leadville, Aspen, Carbondale, Glenwood, Steamboat Springs, Vail and Eagle. CMC is a taxing entity. Expressed Interest: CMC Vail has significant space constraints in the Vail facility. C1VIC Vail is slated to receive facility funding in the year 2000 and is very interested in the Berry Creek Sth as a potential facility site. Minimum facility needs would include a 30,000 sq. ft. building with expansion potential. A two acre site would be the minimum land area necessary for a facility. CMC has been involved in facility partnerships in other communities and would investigate the potential of sharing facilities to make most efficient use of tax dollars or fund raising funds. There may be potential for some funding sooner than 2000 to ensure a facility site. E. Name of organization: Town of Avon Contact person: Bill James, Town 1Vlanager Description of organization: The Town of Avon in an incorporated municipality. The Town has a fully staffed recreation department that runs extensive recreation programs and facilities including Nottingham Park and the Avon Recreation Center. Expressed interest: The Town of Avon is potentially interested in participating in all aspects of development of facilities and programs on the Berry Creek Sth Filing. F. Name of organization: Eagle Counry School District Contact person: Jack Berga, Construction Manager Description of organizations: Eagle County School District is the owner of the adjacent Miller Ranch property. Expressed interest: There may be opportunities to share facilities such as parking lots and fields. The school district is interested in exploring these options and participating in a joint planning process. Eagle County Recreation Authority February 8, 1996 7 Dock L...J , . ~ ' . . , . z : f . ~ . . ' ~ ' ~ , . Y ~ . . ? i r , ~ ~ r ( ~~i " . ~ ~ ~ '~J l . ' ~ ~k~ , E , , ~ ~ ' ~ ; "`:AI/?".,. . --vow , o , ~ ~ ' . . ' . ~ . ~ ~ ~ . . ~ ~ _ . y~~ / W ~ v~~' ~ I J- ~ 'r°~r p~ " ~+tP ~o• , , oorfvwx L . ~ . . , , . . ~ , , ~ ~ "d` , • ~ t ~ ~ , a ~ r• ~ ~ ,~r,, . p. . 1 i 98 , ~ . , tt . . ~ • ~Cta , - j,aC~ . . . 1 ~ , .r~~ . w ; , . , ~ Fteet A{ea M , ~ r - , r- ; ,a~ , ~ ' /i ~ ~ - ' - Y ~~f . ~e~'`~~~ ~ i.~'~ ~ _ ~ -~.r,., f l~ ~ /i~ E-' .rt~t+~ F - % ~•`Y~`` ' ! . T~~N ~~~vEtf~ ~ N'T ~ ~l ~ , ~~r ~iJt'r~f y~` , _ . ' ~ , . , . ~ , , _ . fl%,AY, • \ . _ , ~ , . • , . P • ` • ~ ~ t `~qp~ra ~ f J^~ r ~ ` ' o~* ti.~, I . ' IiAf`7 , i ~ ~ ~ 4 ~ ~,~CNR" ~ 4~MM~ ~ O~'~~~~ iy ; d!+ ,,y ~~,o V A L, P^teK , y " ~~y~.,~ `I~ ~~~G ~ ~ ~ J ~'P y~ ~NVAF{ t0.1'1~ t4v - v 1 ,&At. A~.rci - - _ ~ - . ~ ? r , `N t4 prrTH ~ , . i~ J JN . . . _ ...r~ . ~ ~ . - : ~ . lfoP4 ~ ?IR R 5 .?.c.. S~ ~Ac , , ~J' 'j~„ ~?r~~~?N ~ . ~H P~~N ~ vA iL.EY - pYsf~- 1 IAK ' ~ g~NB ts, i „b J'` / l ~5 o16L~ lt, Re . . RI~?lS~O~ ~ 10 \ \ ~ - - _ _ _ - ~ . ....-_i . . . . . r~R II T'~ TQ 70 - ~ - l ~ ~ - - Fr i ~}V ~AG cN ~ ~i' I ~ lPNNf~ o _ ~ r--~ r 1 i; . . ~ - , . , ' M OHI . , / ~ ~ M?~ R~~Ifft , r rl , ' ' 1 1~~~ ; ' ~ { er~ ~ ' • , ` ' ~°`'`l ~t* ~ , _ , . rypAGt ~ , . , . r S+M~ • y,,~•.~ , r wNb ~ _ . , ! w„~rr• ~ . IL~ ~ , ~ ' ~/tL S!7 VAt' ~ ,w 'r•~' ~ ~ " ~ ~ , - . . . . . _ . . . . i • - ~Cp. T ~.,wr ^ pp7Enr*iR~~*+ ~~4 PE~~' t c 4.i dNE ~ i o ~ : A•d~ n~ E,~,i.E R i v e R - 17~ ° - . ~ . / / 4. . t E/ UGLE COUNTU y CO[?bORAD- Jtxly 25, 1995 Eagle County Recreation Authority c/o Robertson & Marchetti, P.C. P.O. Box 5280 Avon, CO 81620 REo Rodeo at Edwards Equestrian Center !.'ea.r Recreation Authorityo Tlais is in response to your letter dated July 12, 1995, concerning the expanded use of the Edwards Equestrian Centero All land in Eagle County is zonedo The PUD\Preliminary Plan for the Berry Creek 5th filing has expirede The zoning on the property remains PUD, without the benefit of an overall development plan or PUD Guidee Therefore, allowed uses on the property revert back to those uses that are allowed under the origi.nal zoning, which is resourceo In accordance with the Eagle County Land Use Regulations, [Section 2e06a01], Uses by Right in the resource zone district are, °°Agricultural, including rancho.acustomary uses including buildirags for shelter or enclosure of animals or property primarily employed in any of the above uses,o<oo By this definition, allowed uses for the center would be °0ranch type°0 equestrian uses, such as the boarding and pasturing of horseso The Use(s) by Right do not allow for any public gatherings, rocieo events, or any other equestrian type activities for commercial or iion-profit purposeso These types of uses must be considered in accordance with the Special Use Permit processe Please refer to the enclosed copy of the regulation which requires a special use permit for a 00recreation facility and riding stable.0° °OTdon-Conforming Uses1° are explained in [Section 2.12.01] of the Eagle County Land Use Regulationso A non-conforming use is the lawful use of any land, as existinq and lawful at the time of adoption of these Regulationse A1o non-conforming use may be expanded in size or degree of usee The current use of the equestrian center to board and pasture horses is an allowed use under the current zoning. P~1"PC~t+MENT ~ ' „i - EAGLE COUNTY RECREATION AUTHORITY JULY 25, 1995 PAGE 2 In accordance with [Section 2.12.04] og the Eagle County Land Use Regulations, a non-conforming use shall not be replaced by a use considered to exh.ibit a greater degree of non-conformity than the existing use. The County recognizes the historic use of this land as an equestrian center for the purpose of boarding and pasturing horses and associated dwelling units. The public gathering for a rodeo held for commercial/non-profit purposes is considered to be an 1°expansion in size and degree of use°° of the current legal, non-conforming use of boarding and pasturing horseso Therefore, the use of this land for a rodeo is a zoning violation under [Sections 2.06.01, 2.12.01 and 2e12.04] of the Eagle County Land Use Regulationso Please refer to the enclosed copies. Although the Sketch plan may have anticipated the "operation of a rodeo,np a sketch plan is conceptual approval and does not convey vesting or zoning on a propertye Sketch plan approval only provides direction to proceed to the Preliminary Plan stagea Zoning is placed on a property by resolution af the Board of County Commissioners in accordance with an approved PUD Amendment or Zone.Change application. The staff is recommending that the Recreation Authority immediately apply gor a Special Use Permit to address the current use og the lande This direction was provided through the warning notice dated June 28, 1995 and with a phone call to Gail Grider prior to the noticee In addition, Mso Grider has been provided the necessary application to initiate the process. The long term °°master plan'° for the site should be addressed through submittal of a PUD Preliminary Plan and PUD Amendment. Upon approval of a PUD Amendment, the PUD zoning will be in place and defined by the approved PUD Guide and Overall Development Plan. Previous evaluation of this site has identified safe access as a significant issue. Any discussion or correspondence with the Colorado Department of Transportation should be closely coordinated with the County Engineera 6de look forward to a cooperative and productive working relationship with the Recreation Authority. If you need assistance with the procedural options identified in the letter of June 28, 1995 or have other questions, please give us a call. Sincerely, ~ Sid Fox Bruce Campbell ~ Planning Division Manager Code Enforcement Officer xc: G. Grider T. Moorehead K. Montag R. Loeffler G. Roussos 2 . rd c~ . rj~ ty,W a oe~ lAt7~RStA7E 70 itfGHt 0F- WAY 1 , . ~ . y y ~ ` ~ ? ; „ _ _ _ . _ _ . _ - ~ : ~ ~ ~ ~ 1_.-1 ~ 1•~ F'.: ~'y~r r a~ ' ~ ~ ~ ~ a' I~ :,~T~p.E ~ ~N~L'` L E5; 1 ' _ ` ~ e ~ ~ ~a. ~ Cfl ~%i?.~ :.C,•~?;~ % ;7``- ~ ~ a ~ ~~'~r • . ~ s~"~ e ~ (D r ~ ~ ! ~ ~ ~ ` 9 R • w ~ ~ ~ ~ ti , ~ o~ Q• q~ a~ ~ ~ ~~STRgCx ~ULAT%ONS . The districte ahall be goveraled in confonnity with the following reytalations (and as further stated in Section 2.07, Supplementary ~ Regulations). I~~ OURCE 1) Purpose - To protect and enhance the appropriate use of natural resources including water, minerals,.fiber and.open 8pace. The Resource Zone serves to maintain the open rural character of Eagle Couiity. . 2) IIaes, by Right: a) Agricultural including ranch, garden, greenhouse, nursery, orchard, woodlot, fishery, and customary accessory uses including buildings for shelter or enclosure of animals or property primarily employed in any of the above uses, or dwellings gor persons and their immediate families employed principally or seasonally in any of the above uses; b) Single family dwelling on a separate lot; . c) One caretaker unit per parcel. Caretaker unitshall ~ not exceed 1500 sq. gt. in size. It shall not be sold separately from the main dwelling, and shall only be used on parcels of at least 35 acres; d) Forestry limited to extraction, felling and trimming trees, and removal of wood materials, including primary wood processing; e,) Sales of raw agricultural products; . f) Reservoirs and dams engineered to contain ten (10) . acre feet of water or less; g) Water diversion structures, ditches, and line structures engineered to convey figteen (15) cubic feet or less of water per second of time and designed to serve less than ten (10) dwelling units for domeatic use; h) Greenbelt; i) Park; j) Outfitter and Guide; k) Utility Distribution Facilities; ~ 1) Day Care Home. 26 MT"nN fi tt 3) LJses, Special: ~ a) Airport, includin9 landin3 atriP, utilitY or air . carrier; ' ~ b) Cluster Subdivieion in accordance with the provisione of Section 2.07.01(8) Supplementary Regulations, • except that the gross project density shall not exceed one dwelling unit gor each 35 acres of land; . (c) Feedlot when such use'is incidental and subordinate' u to a general.ranch operation on the property. 4-H and other similar activities are pennitted; ~ (d) Land application (on areas of land greater than one acre) of sludges (domestic or industrial) for beneficial use as fertilizer, mulch or soil u conditioner; ~ e) Livestock Sales Yard; f) Major new domestic water or sewer systems, major eactensions of such systems, and municipal and { industrial water projects; n~ g) • A2ass gatherings, which have an expected attendance of more than 500 people. Examples of mass gatherings include but are not limited to rock festivals, religious revivals, and river races; h) Other uses, including: (1) Camper Park; (2) Church; . . . , (3) Commercial sales of firewood; - ~ (4) Community Building; • (5) Contractor's yard; . (6) Day Care Center; _ Q (7) Day or.resident camp; (8) Educational Facility; (9) Fire Station; (10) Golf Course; ~ (11) Group Home; . ~ (1:2) Home Occupation, excluding sale or exchange of goods on the site; ~ (13) Kennel; ~ (14) Postal Substation; (15) Public Building; (16) Race Track; a 27 ~ . (17) Recreational facility, including dude ranch, hunting or fishing camp provided it is limgted /j ? , to 12 dwelling unita or 46 beds of visitor ~ • capacity; . (18) Retail sales of agricultural equipment, , . . : ~ . . supplies and materials; . . (19) Riding Stable; (20) Ski Facility; . . . . (21) Slaughterhouse or rendering plant (22) Studio for the arts and crafts, provided all activity is conducted within a building and retail sales are limited to one-of-a-kind goods fabricated on the lot; (23) Temporary building or use in accordance with ~ Supplementary Regulations; i) Reservoirs and dams engineered to contain more tlna.n ten (10) acre feet of water; The following industrial uses and operations, in accordance with Section 2.07.07: (1) Car impoundment lot; ` (2) Electric power generation facility; (3) Electric power transmission; (4) Extraction, including gravel pit, petroleum or natural gas well, coal mine, metallic or nonmetallic ore mine; . -(5) Microwave antenna for commercial use, in which transmissions are sold to consumers; (6) Natural gas transmission line; (7) Processing, other than primary wood processing, but i.ncluding alfalfa pellet mill, . saw mill, gravel crushing and asphalt or concrete batching; (8) Radio antenna for commercial use, in which transmissions are sold to consumers; (9) Salvage yard; (10) Sanitary landfill; (11) Sewage treatment facility if not addressed in \ a subdivision preliminary plan; 28 (la) i7tiiity eubetations (13) bdater etoxage facility if not addreeeed iaa a eubdivision preliminagy plaait (14) water treatment facility if not addreesed ira a subdiviaion preliminary plaraj 3S) Water diversion structuree, ditchea, and pipeline _ stractures engineered to convey more than f if teen • (15) cubic feet of water per second of time and . • des'igned to serve as a domestic supply -Eor ten ?uiits or more. 4) Minimum Lot Area: 35 acres per use. A combination of compatible uses may be considered ae one use: a) Special uses may occur on less than the minimum lot . area, when appropriate. „ . 5) Riinimum Setbacks : a) Front Yard:, . . (1) Arterial Street: 50 feet from the front property line. (2) Collector Street: 50 feet from the front property line. (3) Local Street: 25 feet from the front property line. . . . b) Rear Yard: 12 1/2 feet or half the height of any , . building on the lot, whichever is greater.. c) Side Yard: 12 1/2 feet or half the height of any building on the lot, whichever is greater. 6) Maximum Building Height: . a) Reaidential - 35 feet b) All Other - 40 feet . 29 dd e4 TOWN OF VAIL 75 South Frontage Road Off ce of the Town Attorney Vail, Cotorada 81657 970-479-2107/Fax 970-479-2157 MEMORANDUM TO: Vail Town Council FROM: R. Thomas Moorhead, Town Attorney DATE: April 4, 1996 ` RE: Amplified Sound In 1995 the Town staff conducted a community meeting and organized a sound committee to evaluate the amplified sound environment in the Viilage and Lionshead. The results of that survey are attached. In this early (sound season) staff consisting of Pam Brandmeyer, Tom Moorhead and the Police Department have met to discuss and review early complaints and continued aggressive enforcement. , Thank you. RTM RECYCLED PAPER Met9nod Survey was mailed to 100 randomly selected business owners and another 100 randomly selected residential property owners in Commercial. Core I and II. 61 were returned from first mailing, 41 retumed from second mailing for a return rate of 51 percent. Of the 102 surveys returned, 39 % were residential owners and 61 % were business owners Survey margin of error is plus or minus five percent. ]Eva9unaQnon Using the 1 to 5 scale, a rating of 3.0 is considered to be a moderate problem. Any evaluation that equals or exceeds 3.0 suggests that half or more of the respondents believe the issue to be of more than a casual concern. Using this guide, the problem areas identified are: --Outdoor amplified music in winter and summer by Lionshead residents --Indoor music from bars/restaurants in winter and summer by Lionshead residents --Pedestrian circulation by Vail Village residential Improvements supported by most: Create separate regulations for special events Improvements least favored by most: Y Create separate regulations for Village versus Lionshead Ivlost respondents favor current hours of amplificarion. The totals are comparable to noise ratings from 1994 Community Survey. Towra of Varil 1995 Noise Survey Results - Outdoor amplified music in winter (average rating = 1.9) 3.5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3.0 - 2.5 2.0 1.5 Residential/ Residential/. Businessl Lionshead BusinessNail Vitlage Overaii Lionshead Vail Village E d ~ Outdoor amplified music in summer 0 (average rating = 2.1) L 0- 3.5 ~ 3.0 ----o-- ------------------v_------- - 2.5 ~ 2.0 1.5 - - - - - - - LCJ Residentiall Residentiall Business/Lionshead BusinesslVail Village Overall E Lionshead Vail Vil{age C 'Q 0 Q Indoor music from bars/restaurents irr winter ~ a laverage rating = 1.7) C 3.5 ~ L 3.0 .a 2.0 ~ ,-r ~ 1.5 Residential/ Residentiall Business/Lionshead BusinessNail Village Overall M ~ Lionshead Vail Village E d .Q. Indoor music from bars/restaurants irr surtvr?er • O (average rating = 1.9) (L 3.5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O 3.0 Z 2.5 ~ 2.0 1.5 . Residential/ Residential/ Business/Lionshead BusinessNail Vi!{age Overall Lionshead Vail Village Pedestrian circulation from 11 p.m. to 2:30 a.m. (average rating = 1.9) 3.5 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3.0 - - - - - - 2.5 2.0 1.5 Residential/ Residential/ Business/Lionshead BusinessNail Village Overall Lionshead Vail Village •19 '45 •102 •11 '30 "=Approximate number of responses Ambience ~ (average rating = 3.3) y E 3.5 - ~z 3.0 - _ ~ d 2.5 ~ ~ 2.0 - g0 1.5 a E o Residential/ 63esiden4ial/ BusinesslLionshead BusinessMail Village Overall z ~ Lionshead !lail ViIlage 70P TECHiUIQUES SUPP06dTED LEAST FA?VORED TECHft11f1UES All RespondenYs All Respondent.s ° Create separate regulations for special events ° Create separate regulations for Village versus Lionshead ° Proactive enforcement by Vail Police Department ° Raise the 65 decibel limit ° Reactive enforcement by Vail Police Department ° Ban amplified sound completely 0 Require air locks on entrance doors before sound permits are issued Residential/Lionsheaci ° Create separate regutations for special events Residen4ial/Lionshead ° Ban amplified sound completely 0 Create separate regulations for Village versus Lionshead ° Modify ordinance to prohibit "playing to the streeY' ° Allow amplificabon of live music only ° Lower the 65 decibel limit 0 Raise the 65 decibel limit ResidentialNillac3e Residen4ialNillage ° Vail Police Department will write more tickets (proactive ° Raise the 65 decibel limit enforcement) 0 Create separate regulations for the Village versus Lionshead ° Create separate regulations for special events 0 Reactive enforcement by Vail Police Department y ° Allow amplrfication of live music only BusinesslLionshead Business/Lionshead 0 Vail Police Department will write more tickets ° Create separate regulations for special events 0 Require air conditioning in night clubs before sound permits ° Limit amplification to outdoor decks and patios (which offer are issued food service) ° Lower the 65 decibel limit ° Reactive enforcement by Vail Police Department BusinessNillaae Business/Villaqe 0 Create separate regulations for Village versus Lionshead ° Create separate regulations for special events a Lower the 65 decibel limit _ ° Reactive enforcement by-Vail Police Department 0 Require air locks on entrance doors before sound permits ° Vail Police Department will write more Uckets (proactive are issued enforcement) 0 Ban amplified sound completely Are permit hours. (8am to 10pm) satisfactoryO All Respondents Residentiall 62esidentiaU 8usinessl BusinessNillage " Lionshead Viliage Lionshead Yes 72 (72%) 5 (50%) 19 (66%) 13 (68%) 33 (75%) No 28 (28%) 5 (50%) 10 (34%) 6 (32%) 11 (25%) Five respondents suggested a change to 10 a.m. to 10 p.m. Other suggestions ranged from 8 a.m. to 11 p.m. Do you hold an ampiified sound permit? All Respondents Residential/ ResidentiaU Business/ BusinessNiltage Lionshead Villa e Lionshead Yes 4 (4°l0) 0 0 0 4 (9%) No 89 (96%) 11 30 17 41 (91 .o TOV'C1`7 OIC VAI11.661VO11`JY:99 SlUaodEY 1995 - 7he Towtr of tiail is attempting to assess various iroise itnpcacts on residents, guests aird brisinesses in Y'ail Village atrd Lionshead. Please take a few minutes to complete thrs stirvey arrd give rrs your opinions as they relate to t iail 's amplied sound program. '~g Crirretrt maximum number of decrbelspermitted.from 7a.m. to I! p.m. is 65 decibels. TOW1~~ OF lA1L Returpi the s7irvey in the etJClosed postage paid errvelope by March 1. Be assured thal a11 of your answers are givefi in complete anonymity. Your participation rtr this sun~ey, is verj, important in reflectrng the niews of thvse impcacted by.this issiae. If you have qiiestioils, please corrtact the Town of Y'arl Commrttirry Information Uff ce at 479-2115. 1. To what extent, if any, do the following noise conditions affect you in the t/illage andJor Lionshead? Use a scale of 1 to 5 with l being "1Vo Problem" and 5 being a"Major Problem." No Major No Problem Moderate Problem O inion Outdoor amplified music in winter 1(00 2 43 3 60 4 Cs 59 03 Outdoor amplified music in summer 156 2%6 3% 44 5 66 0(o Indoor music from barslrestaurants in winter 1(~a 2 a5 39 41r 5(t 06 Indoor music from bars/restaurants in summer 164 2 06 39 4S 59 09 Pedestrian circulation from 11 p.m. to 2:30 a.m. 144 2taL 311 410 56 013 Other 14> 2lb 3L 4V 5(9 0w 2. The Town of Vail currently aliows permit hoiders to amplify outdoor sound daily between 8 a.m. and 10 p.m. Are these hours satisfactory? a) [ ) da Yes b) 02~ No (suggest more appropriate hours) , 3. Do you support any of the followiniz techniques to improve the town's amplified sound program? (CHECK ALL THAT APPLY) a) [ }dl'f Limit amplification to outdoor decks and patios (u hich ofTer food sen•ice). b) ( ] 11 Allow amplificauon of live music onh (not pre-recorded music) c) [ la$ Vail Police Department will NN•ntc morc tickcts. d) ( ] )0 Create separate regulations for thc ViIlagc Ncrsus Lionshead. e) [ M Create separate regulations tor special ex ents (Ford Park. Vail Mountain activiues. etc.) f) [ Ja23 Modifi• ordinance to prohibit °pla* ying to thc strect " g) ~ ]oI64 Require towm approval of enginccrcd dcsien bcfore sound permits ace issued. h) [ ] 16 Require air locks on entrance doors bcCore sound pcrmits are issued. i) 1 ja% Reqwre air conditioning in night clubs bcfare sound permits are issued (windows would be closed). j) [ ] 14 Ban amplified sound complctcfN. k) [ W. Raise the 6.i decibel limit. l) [ ]dp LoWer the 65 decibel limit. m) [ J~$ Raise the current $50 permit applicaiion process to an amount that reflects costs expanded in enforcement and engineers. n) Proactive enforcement by Vaii Police Depi . mcfuding training and improved monitonng capability. o) [ Reactive enforcement by Vail Police Dept (respond only to complaints). . p) [ ] ~A Othcr 4. List three of the above techniques most imponant in addressing this issue. a) b) c) « „ ~ ls 7i~ TOWN OF VAIL NOISE SU._ JEY 1995 The Toivn of L'ail is attemptirig to assess variotes ttoise impacts on resrdents, gue.sts and 4RIL br~sirtesses in Yail Village arrd Lionshead PJease take a few mimites to complete ~hsurvey and give vs your opinions as they relale to ti'ai/'s amplified sound program. Currerit maximum mamber of decibels permitled from 7 a.m l011 p.m. is 65 decihe~ls. TDU~'ORetunt 1he s7irvey in the enclosed postage paid enrvelope by March 1. Be assured thal all of your answers are giveri irr compleie Q)IOllylrllly. Y0111"PQPt1CIpQllOi1 117 1J11S SUI"1leV 1S Vely important in reflecting the views of those lmpacted by this issue. If you have questions, please coritact the Town of Vail Commarnity Information Office at 479-2115. 1. To what extent, if any, do the following noise conditions affect you in the Village and/or Lionshead? Use a scale of 1 to 5 with l being "No Problem" and 5 being a"Major Problem." No Major No Problem Moderate Problem O inion Outdoor amplified music in winter l y 2 a 3 I 40 5 y 00 J ~ Outdoor amplified music in summer 15 2 d .30 41 59 0( Z g Indoor music from bars/restaurants in winter ] y 2 ~ 3 1 41 53 0 1 Indoor music from bars/restaurants in summer 13 2( 31 41 5 3 0 a Pedestrian circulation from 11 p.m. to 2:30 a.m. 13 2.-1 33 4 p 5 a 0g `Other l 0 2 0 30 4p 51 0 ~ D 2. The Town of Vail currently allows permit holders to amplify outdoor sound daily between 8 a.m. and 10 p.m. Are these hours satisfactory? 15 a) [ ] Yes ~ b) No (suggest more appropriate hours) 3. Do you support any of the following techniques to improve the town's amplified sound program? (CHECK ALL THAT APPLY) a a) [ ) Limit amplification to outdoor decks and patios (which ofl'er food service). I b) [ ] Allow amplification of live music only (not pre-recorded music) 3 c) [ ] Vail Police Department will «rite morc tickets. I d) [ ] Create separate regulations for thc Viilagc vcrsus Lionshcad. e) Create separate regulations for special e%ents (Ford Park, Vail Mountain activities. ete.) ' ~ fl [ J Modify ordinance to prohibit -playing to thc strcct ~ g) [ ] Require town approva1 of enginecrcd dcsign bcfore sound permits are issued. a h) [ ] Require air locks on entrance doors bcfore sound permits are issued. _ai) [ ] Require air conditioning in night clubs before sound permits are issued (windows would be closed). Ban amplifed sound completelN ( k) [ ] Raise the 65 decibel limit. Lower the 65 decibel limit. 3 m) [ ] Raise the cunent $50 permit application process to an amount that reflecis costs expanded in enforcement and engineers. 3 n) [ ] Proaclive enforcement by Vail Police Dept.. induding training and improved monitonng capability. ao) [ ] Reactive enforcement by Vail Pofice Dept. (respond only to complaints). , ` p) [ ] Other 4. List three of the above techniques most important in addressing this issue. a) b) c) . 1 o7 3 'II'OW?V OIE' VAIDL 66NOdSE99 Wi,o (EY 1995 . The Town of L'ail is attemptirrg to assess variolts tioise impacts on residerits, guests aiid 41M businesses in Y"nil Yillage and Lionshead Please lake a feN, minrites to complete this siirvey atrd give tis your opirrions as they relale ,o c Qil's amplifed sormd program. Ctirreirt maximurrr number of decibeLr permitted from 7 a.m. to 11 p.m. is 65 deciheLs. TOI'.~'Rettirn the srirvey in the errclosed postage paid envelope by Mttrch 1. Be assured thcrl all of your answers are giverr irt complete arioirymity. Yo2ir participariora in this survev rs rei)• rnrportattt rr: reflecting the viex~s of those impacted by this issiie. If you hcn~e qrieszio»s, please coiitact the Toww of Y'ail Commiiriity Ii?f ormatio» Of ce a1 479-211 S. 1. To what extent, if any, do the following noise conditions affect you in the Village and/or Lionshead? Use a scale of 1 to 5 with ] being "No Problem" and 5 being a"M[ajor Problem." . No Major No Problem Moderate Problem O inion . Outdoor amplified music in winter 2- 21 113 25 3 y 43 53 0D Outdoor amplified music in summer 2.5 7 110 2 1 32 4 3 50;z 2,~q Indoor music from bars/restaurants in winter 1 10 225 33 43 5~ 0~ 2 y y Indoor music from bars/restaurants in summer ]°l 2(0 31 4-~ 51 015 Zg~ Pedestrian circulation from 11 p.m. to 2:30 a.m. 1 -1 2?-{ 35 40 5L{ 0a Other 1 D 2C-j 30 4a 5 0~ 2. The T'own of Vail currently allows permit holders to amplify outdoor sound daily between 8 a.m. and 10 p.m. Are these hours satisfactory? 1 `l a) [ 1 Yes l(D b) [ ] No (suggest more appropriate hours) 3. Do you support any of the following techniques to improve the town's amplified sound program? (CHECK ALL THAT APPLY). CA a) [ ] Limit amplification to outdoor decks and patios (which offer food service). il b) Allow amplification of live music onh (not pre-recorded music) 10 c) Vail Police Department xvill wnte more tickets. 3 d) Crcate separate rcgulations for thc Villagc vcrsus Lionshead. I q e) ~ J Create separate regulations Cor special cvents (Ford Park. Vail Mountain activities. etc.) -6 f) [ ] Modify ordinance to prohibit "pla' ving Qo the street." Ia g) Require town approval of enginccrcd dcsign bcCore sound permits are issued. ,6 h) Require air locks on entrance doors before sound permits are issued. Require air conditioning in night clubs beCore sound permits are issued (windows would be closed). ' 6j) ( I Ban amplified sound complctcly. C) k) [ ] Raise the 65 decibel limit. ~j 1) [ ) Lower the GS decibel limit. m) [ J Raise the current $50 permit application process to an amount that reflects costs expanded in enforcement and engineers. n) [ ] Proactive enforcement b}° Vail Police Dept.. inciuding training and improved monitonng capabiliri•. ~ o) [ ] Reactive enforcement b}• Vail Policc Dcpt. (respond only to comptaints). , 3 p) [ ] Other 4. List three of the above techniques most important in addressing this issue. a} b) c) JOTa.tj TOWN OF VAIL "NOISE" SUi. ?El' 1995 The TnN>>1 of Y'ai/ is crltemptirrg 1o assess various norse impaets on residems, griest.c and 4fAI' br~sirtesses in Y'ail Village a»d Lionsheacl Please lake a fev, mirr?ites lo complete 1his srirvey arid give ris your opiniorrs as they relale to tiail :s amplified so~md prngram. Ctirretrl maximum rttimber of decibel.s pE~rmilled from 7 a.m. to 11 p.m. is 65 decihel.r. T0Tf~'Returrr the srirvey in the enclosed postage paid envelope by March 1. Be assrired lhal all of yorir atlswers are given in compleie Q))O)J.yllllly. Y07i1' pol'11C1pRt1011 711 1I71S SI/YvE'y is ven, important itt reflecting 1he views of lhose impacted hy this issue. If ymi have qriestiorrs, please contact the Towm of ti'ail Commtiniry Informatio» Office al 479-2115. 1. To what extent, if any, do the following naise conditions affect you in the Village and/or Lionshead? Use a scale of 1 to 5 with l being "No Problem" and 5 being a"Major Problem." No Major No Problem Moderate Problem O inion .1.78 Outdoor amplified music in winter 1?3 2 1 ; 3 40 53, 00 I•13 Outdoor amplified music in summer 1 iq 21 3 I 4 1 5 a 00 y 7 Indoor music from bars/restaurants in winter 112) 215 3 D 40 5 I 00 1.52. Indoor music from bars/restaurants in summer 113 2 y 3 I 40 5 I 00 1.q 3 Pedestrian circulation from 11 p.m. to 2:30 a. m 11 2 ~ 3 y 4.1 5 D 0,3 Other 10 2(7 3 0 4 d 5 1 0 1$ 2. The Town of Vail cunently allows permit holders to amplify outdoor sound daily between 8 a.m. and ] 0 p.m. Are these hours satisfactory? 13 a) [ l Yes (p b) [ ] No (suggest more appropriate hours) 3. Do youu support any of the following techniques to improve the town's amplified sound program? (CHECK ALL THAT A.PPLY) (o a) ( ] Limit amplification to outdoor decks and patios (which offer food service). a b) ( ] Allow amplification of live music onl~ (not pre-recorded music) ~ c) Vail Police Department Nvill write morc~ trckets 3 d) ( ] Crcate separate regulations for thc ViIIaRC xersus Lionshead. ~ e) ( ] Create separate regulalions for spccial r_vcnts (Ford Park. Vail Mountain activities. etc.) L4 f) [ ] ModiN ordinance to prohibit "plaN ing to thc strcct " a g> Require to%vn approval of enginecrcd dcsign bcfore sound pcrmits are issued. a h) Require air locks on entrance doors before sound permus are issued. L0 l_ 1 Require air conditioning in night clubs bcfore sound permits are issued (windows would be dosed). - a j) ( ] Ban amplified sound complctcl.N. a k) [ J Raise the 65 decibel limit. ~ 1) [ ] LoNver the 65 decibel limit. 3 m) [ Ftaise the currerat $50 permit applicauon process to an amount that reflects costs expanded in enforcement and engineers. 3 n) [ ] Proactive entorcement by Vail Potice Dept . including training and improved monitoring capability. (oo) [ ] Reactive enforcement bv Vail Police Dcpt (respond only to complaints). a p) [ ) Other ' 4. List three of the above techniques most important in addressing this issue. a) b) c) ~ ~T~-tS 0 TOV'V N OlC' M" t911LILJ 66NOllSE99 §U./IIe ,fIES1' 1995 • The Tnwfi of Y'ail is attempting to assess varioits itoise impacts on reside»ts, grrests and 4TAIL busiriesses in Yail Village arid Lionshead. Please Iake a feN, mimites to complete thi.r StiY'Vey Q)TC~~;IVB US y01/Y O~JIi)TOi1S QS ll~ey relale ln 6aiJ's amplified sou»d program. Crirretrz maximum rirernber of decibels permitted from 7 a.m. to 11 p.m. is 65 decibels. TOI~~ Ret»rt1 the survey irt the enclosed postage paid errvelope by March 1. Be assiired thal all of your arrswers are gi>>ei: irt complete anorrymiry. Yozrr participatioll irr this survey is very impnrtant ira re, flecting the views of those impacted by this iss7ie. If you have qliestio»s, please cotizact the Towrr of P"ail Communily Information Office at 479-211 S. 1. To what extent, if any, do the following noise conditions affect you in the Village and/or Lionshead? Use a scale of 1 to 5 with l being "°No Problem" and 5 being a"Major Pro.blem." . No Major IVo Problem Moderate Problem O inion I• 6`{ Outdoor amplified music in winter 1-1 a 25 3 D 43 5Ji 0 I 2,0 q Outdoor amplified music in summer 1 a°? _ 2 I .39 4 p 59 0Q . 1.54 Indoor music from bars/restaurants in winter 135 2( 3 y 41 55 0 I I. Wq Indoor music from bars/restaurants in summer 1ag 2~ 35 41 55 01 (.`6 Pedestrian circulation from 11 p.m. to 2:30 a. m. 1,36 25 33 415 5D 0&P Other 10 20 3 U 40 51 Oy l 2. The Town of Vail currently allows permit holders to amplify outdoor sound daily between 8 a.m. and 10 p.m. Are these hours satisfactory? 33a) [ 1 Yes 11 b) No (suggest more appropriate hours) 5 3. Do you support any of the following techniques to improve the town's amplified sound program? (CHECK ALL THAT APPLY) a) [ ] Limit amplification to outdoor decks andl patios (which ofTer foad sen•ice). , b) ( ] Allow amplificaiion of live music onh (not pre-recorded music) i3c) [ J Vail Police Department will wnte more tickets a d) ( ] Create separate regulations for thc Villagc vcrsus Lionshcad. ,6e) Create separate regulations for special events (Ford Park, Vail Mountain activities, etc.) rl f) [ ] Modifi, ordinance to prohibit "playing to thc strect.' g) ( j Require toNvn approval of enginecrcd design belore sound permits are issued. ,5 h) Require air locks on entrance doors bcfore sound permits are issued. Ot 0 Require air conditioning in night clubs bcCore sound permits are issued (windows would be dosed). 5 j) ( ) Ban amplified sound complctch JD k) [ ] Ftaise the 65 decibel limit. ti 1) [ ] Lower the 65 decibel limit. ~pm) ( ] Raise the current $50 permit application process to an amount that teflects costs expanded in enforcement and engineers. ~ U n) [ ] Proactive enfarcement by Vail Police Dept.. including training and improved monitoring capabilit}, J60) ( j Reactive enforcement b}l Vail Police Dept. (respond onfy to complaints). , ~ p) [ ) Other 4. List three of the above techniques most impartant in addressing this issue. a) b) C) COMMENTS IFROM 1995 NO(SE SURVEY 1. To what extent, if any, do the following noise conditions affect you in the Village and/or Lionshead? Use a scale of 1 to 5 with 1 being "No Problem" and 5 being a"Major Problerru." Snow plows/pickups beeping sounds in morning. Loud fire trucks and ambulance honis. I believe the music adds to Vail Village - particularly outside five music. Garbage being collected AM! Noise from air conditioning units & exhaust fans of buildings. Vail Village general amplified souncl and outside speakers (5). "Live" music indoors is a problem - 5ummer and winter. At any hour it is an intrusion of peace and privacy. 2. The Town of VaiE cwrrently allows permit holders to amplify outdoar sound `y claily between 8 a.m. and 10 p.m. Are these hours satisfactory? Suggest more appropriate hours: No amplified sound outdoors. No problem during day - night time a problem after 10 p.m. Amplification of indoor sound with windows open is awful. "`Hong Kong Cafe, Red Lion, Vendetta's music goes till 1-2 a.m. Can't sleep. 10 am to 7 pm - shop openings - Apres. Cancel all outside amplified noise. . ONLY for special events - see below. No outside amplified sound or speakers. Can have music with no amplification. Guitar players, stringed instruments, etc. -1- 0 The summer hours and winter hours should not be the same. Vail is known for being laid back and easy-going 4he summer5 are for fun, not to mention very short. So let the local enjoy it without limits. They go aut of their vvay for tourisf/visitors in the winter. But no extensions! No outdoor amplified music. 3. Do you saapport any of the ffoB9owang techraiques to amprove the ~own's amplafed soundl program? I have no problems wi4h noise. Reduce music levels after 10 p.m. VVyndows & doors closed to reduce indoor amplification. Penalties wi4h teeth. (Re: #f) If people wanted to hear, they'd go inside. Wha4 is this, a police state/city? (Re: #j) In bars where residential people live after 11:00! (Re: #I) and enforce it. Other: Town is spending too much time micro-managing businesses. If people in residential units are bothered give businesses 2 04 3 chances to rectify it - if they fail to comply by 3rd warning, ban their music. Stop outside speaker & amplified sound. -Enforce the rules you make. - Drunkeness in parking lo4s (Lodge at Vail) with shouting, screaming from 11 pm to 2:30 am. No ou4side amplifiied sound period. If violations occur, "fine" esfiablishment & suspend license & eventually revoke license if -2- a do not conform. Series of enforcements, fines, etc. - ultimately suspend license for violators. Telt the council to "lighten up." There is no way to effectively police or enforce in a fair fashion. Limiting amplification is the only solution. If residential neighbors are affected, amplification must be limited or stopped. Allow unamplified - single musician only. Allow sirens on emergency vehicles outside of 4-way stop only. You are letting a few squeaky wheels make a problem out of nothing. Because my condominium is not near any amplified music, I am not disturbed by it in my home and am not bothered by it when walking the streets. 4. List three of the above technoques most important in addressing this issue. Sound proofing. There is no problem. s Quietness goes along with the Vail draw of nature, serenity, calm, mountains, relax, unwind. What happened to "entitled quiet eiijoyment?" I should be able to have my retail store door open in winter or summer (year round) without hearing a bar's music - neighbors dogs, etc! ! No outside sound via amplification or speaker. Enforced by Town of Vail Police. Big fat fine for violators. Limit hours to 10 pm. Create realistic guidelines/regulatians for a resort community that features entertainment, food, drink. We can't expect to have a"library silence" atmosphere in a village filled with shops, restaurants, and lots of live outdoor entertainment in the summers. -3- O 0 fViore police control of pedestrian noise. Live music does not need amplification, in small areas, like bars, restaurants. Vail has alwrays preferred a quiet dignity, elegance, and should not try to a4tracfi noisy AspPn crowd! Vail Police to act and not wraifi for complaints. Vail police should pa4rol s4reets in frorat of town bars 11 pm-2am. Issue tickets to pedestrians who dis4urb the peace or who are drunk and disorderly. Bars & discos should be sound proofed sufficien4ly that noise levels are low after 10pm on the streets. More a drinking/drunkeness problem 4han simply noise. Allow special events during 10am - 10pm writh permit. Deck music okay within 65 DB. Limit bofih from 10am -10pm amplified and live. (J) My dream but not practical - I know. S. ~o what exten4 6~ amp9ified oaatdoor entertaonrneng arnporkant to Vasl°s ambaence? People come to the mountains to unwind and converse v?rith friends/family. If 4hey wanted music, they can hear it afi home, in the car, inside an establishment, in their ov?rn city. Thank you. De4rimental! (5) in the summer. 6. Do you currentBy ho6d an amplafed sound permit? 7. Wh@Ch o$ the $OBllOw0ng CategOr6eS beSt CI@5cr6beS yOLlP 9mpaC$ Sta$LIS? B. Other comments wo$h regard to thus ussue. Snowmaking makes more noise! Or is at least more annoying. Only problem I see could develop from outdoor music, efic. is disturbance of hotel guests, then I reflected -4- . on 2 memorable incidents I have experienced while traveling. The first was at a hotel in Canon City, Colorado in 1988. Our hotel room was located above the bar & main street. The walls in the room reflected flashing neon light and the juke box below (in the bar) played Patsy Cline all night! It was a nostalgic moment for me and one I'll always remember. My second memorable experience was in San Juan, Costa Rica in 1991 and 1992. From our hotel room in the downtown area of the city we would hear traffic, street vendors, always music from somebody playing in the Plaza; people preaching, people making political speeches and... ar~ ades. It was delightful to watch from our balcony a parade. They seemed to be planned every time we were in the city. A parade was held for all occasions! And during soccer (football) playoffs, fans would drive their cars full of screaming, cheering fans waving flags and honking horns. It was absolutely wondertul to see people active and having fun. To get to the point. "Noise" to some is part of a"cultural experience" to others. I don't think we have a problem with noise - our problem seems to be one of local citizens attempting to manipulate government to reduce the cultural experience of a mountain, pedestrian village! I use to enjoy coming into town. It was lively and fun. It is becoming boring and much too quiet! Now... as for those ugly red lights on the telephone poles across I-70 near the golf course... yes, I mean the ones that flash at one just as the Gore Range is coming into full view. There's a ro~ blem. I think music on patios of restaurants creates interest & excitement for guests and residents of Vail. Summer street music is also entertaining and desirable. I do not live in town and most noises do not bother my business at all. Constcuction noises and false fiire alarms bother me much much more than any music could. Please - = do not spend tax money in this way. Thank you. I have more problems with amplified music after 1 a.m. in Lionshead. I haven't ever had a guest complairi of music disturbing them. Drunks in the streets yelling are another matter. I'm honestly not that sympathetic toward residents living in a glorified mall environment that are complaining. It comes with prosperity. Do not own property adjacent to amplified noise area. If we did we might be less lenient in our approach. Amplified `live entertainment is an asset (i.e., Pepi's porch in - = summer). I have no complaints about sound before 10 p.m. If the situation needs more regulation to allow police to have tools to work with, practice selective enforcement - don't create problems where they don't exist! I have lived in the Valley for 10 years. The only loud music I hear is from Pepi's deck. -5- O Observing how things go, wha4ever Pepi wants Pepi gets. They break all kinds of laws or restrictions like signs, music and under agers in Sheikas. But no one will do anything because fhey're Pepi's! Every business should be treated the same no ma4ter who 4hey are. Everyone is paying the same taxes for this town... I feel like the Town is blov?ring this issue out of proportion and it is realty not that big of a problem. Age 60, owner since 1986 coming to Vail for 30 years! This is a vacation 4own, not a jail! Vail is beautiful, wonderful and all other adjectives, but please let people live too!! Please don't make our life yours!! I just left Vail today, 2/25/95, after skiing under the best condi4ions in 30 years! I always ski down Bear Tree to fiown and never have I seen or heard any one out of line on the "back porch." Only young adults enjoying life and watching skiers coming down. The Red Lion is always busy but no music outside, in fact, the only music is at Pepi's - wonderful music! People on the outside (can't read it) because they can't get in. We own a$2'/ million condo in town (Vail). We own a house in Aspen. We no longer use our Vail condo even though the skiing is bet4er in !lail because we can'fi sfand the noise. VVe love Vail but do not understand the attitude 4ha4 property owners have no rights! Also, we love music and do not mind i4 in the streets, restaurants, etc. as long as it doesn't annoy people trying to sleep. 11 pm is late enough for street noise!! There should be more monitoring of pedestrian and vehicle noise at 2 am when the bars close. It is bad that you have to close the windows if you don't want to lis4en 40 "music" from "Gartinkles" in Lionshead all the way to Forest Road. . We need 4o monitor the noise from HVAC in the town prior to signing off on new buildings & renovafions. On some buildings (especially the back of the Golden Bear & Sweet Basil) the noise from the HVAC (heating-ventilation-air conditioning) is louder in the summer than the music - has this been monitored? Just say no 40 "iViusicWars." Amplified sound is used as a come on fior businesses - not for the pleasure of dining on a deck. People's choice of music is an individual choice and some should not be forced on those not desiring 4his type of music. Low volume to visitors allows some choice and awrareness of business of#erings. -6- ' - I do not believe amplified music should be banned. It should be limited to select times and days. If the music is in a resider+tial area, it must be limited after 9pm or 10pm. Manage on west side of Vail Village and there are no problems over here. This is the area my answers were based on. The people who originally brought this issue up are the same people who abuse amplified sound the most for years (Pepi's Deck). Now that they no longer have Rod Powell doing his outside show, they think there is a problem. Concentrate on more important issues..: Please! I own property at Plaza Lodge on Bridge Street and also at One Vail Place on Wall . Street. 1 spend 40-50 nights a year at my properties plus rent short term to vacationers. I am well aware of noise problems in the Village. I believe that by far the most annoying and serious problem is pedestrian noise after 10pm specifically loud obnoxiaus yelling and hooting and arguing by bar patrons as they exit to the streets, usually near closing time. My observation is that this behavior is willful and most commoniy engaged in by locals (often it seems as a matter of custom). This behavior, whether committed by locals or tourists, must be stopped! Officers should patrol the streets in front of bars between the hours of 10pm and 2am and issue tickets for "disturbing the peace" and/or "drunk and disorderly conduct." Locals and tourists must. be made aware of that the town won"t fo,erate this behavior. A lesser but still serious problem is music (both live and recoraed) emanating from establishments after 10pm. Sufficient sound proofing should be required to prevent this music from interfering with residents' our visitors' sleep. Outdoor music is not a problem in the early evening and Y is, in fact, very desirable. A healthy town nightlife is aiso desirable so long as the noise is contained inside the establishments after 10pm. After five years in business, I am now fufl~ ~-qware of my fellow merchants frustrations. It seems that this town council and those :-wer are more interested in limiting every single aspect of town life. Here's a list c-I things (positive) that maybe you all should spend some time on: restrooms for tourists; free parking for town employees; attention to increased tourist dollars in off-season; attention to the business and empioyee fiight down-valley. - I-believe live-music (whether amplified or not) is truly part of the Vaif experience for our guests, especially outdoors, during reasonable hours, in the summer months. Limit hours to no later than 10:00 for everyone! All this noise in my opinion "Aspenizes" Vail - we loved the original village before noise and grunge and crime. Can't have that back we know, but we could still revere and treasure the natural beauty we all love by not allowing "noise" poltution.. It's all so -7- 0 ~ seman4ic. If you were 4alking about Vivaldi, Mozart, etc., I would not object. I'm deligh4ed that you care enough 4o ask. P.S. Hate having cars parked along the main streefi - fiotally spoils 4he charm of the village!! Who OK'd that?? -8- ' . ~ TOVVN OF VAII. COmMLFNTTY SURVEY 1994 s ~ ~ FtGURE 19 Towrr oF VaII. CoMMurrmr ScrRVEr _ RATINGS OF IdEIGHBORHOOD PROBLEMS ~ BY PLACE OF RESIDENCE _ ~-/ME, SENM OFSECUR/M L 3.5 CR ~ ~ (average rating 7 1.8) - - - - 1 1 ~ ~ 3.0rI - ~--------r-------r------- ,1-------- ~ 2.5 r _ _ _ _ _ _ _ 1 _ _ _ _ _ _ Ji _ _ _ _ _ _ _ I_ iL _ _ _ _ _ _ 1 _ _ _ _ _ _ _ J _ _ _ _ _ _ _ _I _ _ _ _ _ _ _ _ I Z.Q _ _ _ _ _ _ _ _ r _ _ _ _ _ _ _ _ _ _ _ _ . 1.5~------- ~ E ~NE/GHBORHOODNO/SE ~ -------n ~ 30 I (arerageradnSa~•J____J________I__""__L_'_"__L------- 1-______J__'_'_'_I---- "'_I , 2.5 ~ T-------,--- _ _ _ _ _ ' _ ' _ ' ~ _ _ _ _ ---r---------------~-----------------~ A 2.0 ' _ ~ ~c, • i - _ _ _ _ ' _ L _ ' 3.0 Larerageratingai.0 ~ ~ ~ ~ ~ ~--------i- r' r---'--------------------r----'-' 2.5 i j j r~ A q .O - d d L - - - - - - - ~ 1.5 ~ ~ - - ~ ~ ~ - - ~ 3.5 ~ SNOW REM9VALfRQti14'Y9~WAY5 _ _ ' ~ --i-----•---r-------r-------~----------------r----- i m 3.0 Laveragerdting°l.~----~........ ' - - - - - - - - ~ _ _ _ _ _ _ T _ _ _ _ y _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ a .5 _ _y_______y________~_____.___ ~ a 2.0 ~ ~ ~ ~ ~ ~ - ~ - ~ - - i - - - - , - , z° 1.5~----------- n ~ 3.5 L SWOWREMOyALFROMROAPS-------'--------~-------L-------1--------'--------'--------' ~ 3.0 F Laverage rating = t.Z) _i_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ i Z.S ! - - - - ' - - - - - - - - ' ' - - - - - - - ? - - - - 2 r ~ I I , I - - ~ - - - I zo~ --------~-------~--------I _ _ _ d 1.5 ~ 2 ~ I I I i I I East Booth Falis/ Golf Vai Lionshead Potato Patch/ Buffehr CkJ West MaCerhom/ Intermb ~ Approximate Va~ Bald Mtn. Course 1l~ge Sandstone Lions RdgJ Vaii Glen Lyon Number of VafleY Responses: 130 35 24 30 17 56 30 gg 38 43 ~ ~ ~ - : . - ~ ~ ~ ~ . ~ ~ RRC ASSOCIATES . 17 e ' Meeting of the Sound Committee on March 15, 1995 at 3:30 p.m. reviewing the survey results and suggesting appropriate action. Dave Garton, his reading of the survey results indicates that there is not a' significant problem. He arrived at that opinion by reviewing the number of responses to the first question which indicated no problem as opposed to those that indicated a moderate or major problem. * No need to create separate ordinances or regulations for Lionshead and the Village. * Polish the rough edges of the sound_ordinance and enforcement. * Results indicate no reason for enormous change. * Seven items for consideration: a. leave the hours the same; - b. same regulations for Vail Village and Lionshead; c. do not include snowmaking under any circumstance; d. Effective reactive enforcement, i.e. upon complaint; e. do not allow amplified sound for advertising, i.e, only permitted where there is a deck,,performer or other activity; f, increase enforcement to address drunk pede'strian noise; g. when someone requests an amplified sound permit, require a design of the sound system approved by the Town. Mike Staughton * Other than Lionshead business results, the hours appear to be okay. After 10:00 p.m. shut down amplified sound and control people creating a disturbance. * Address special events separately from the amplified sound. * Effective reactive enforcement including removal of permit after complaint and violation. * Amplified sound with no other activity e.g. dinning deck should be permitted. * Based upon Mike's experience, nothing can be done about trash - = - pic)c-up. Don White * Looking at small percentage - 15-20% - of permit holders that are creating a problem. (Obvious when one reviews survey results.) * Design speakers/systems/soundproofing to maintain sound within a permit holder's premise, i.e., when serving patrons on a deck have the speakers directed back onto the permit premises. ! * Design of system and enforcement of regulations to remedy "playing to the street". * Each shift of the police department should have a shift commander who has the responsibility of sound ordinance compliance. They also should have ready access to any citations or warnings that have been issued to permit holders so that appropriate action can be taken upon registering a complaint. * After one warning there should be citation issued and upon conviction a period of amplified sound permit suspension. * Of the sixty complaints received by the police, review them to determine what establishments have been generating the problems. * Require an approved design for amplified sound systems. * Place the responsibility for amplified sound system on the owner and/or a person in charge. Jim Lamont He believes that based on the Town's results and his results (120 responses) that the problem is site specific. * There are more complaints from his clients regarding special events than general amplified sound violations in the Village, i.e, concerts at amphitheater, big ski races and bike races, .w for example. * The suggestions of the committee have been very progressive and would provide good control of sound. * Expanded police presenc.e in the Village is required to control late night rowdy behavior. There was some general discussiori in regard to sound emanating from inside of establishments to the outside when windows were opened. This was identified as a matter that needed to be addressed as the resulting_noise produced does not differ from that produced by exterior speakers. MEMoRANDuM TO: Vail Town Council FROM: Community Development Department DATE: April 9, 1996 SUBJECT: A request for the review of the proposed location for the third Employee Housing Unit required under the Cornice Building Special Development District (SDD). 9. [8ACKGR0UND On April 5, 1994, the Vail Town Council approved on second reading, Ordinance No. 7, Series of 1994, an ordinance establishing Special Development District No. 32, the Cornice Building. This approval set development standards and requirements for the redevelopment of the Cornice ' Building, located at 362 Vail Valley Qrive. The expressed purpose for the creation of the Cornice , Building SDD was to allow for greater flexibility in the redevelopment of the property and that certain public benefits (i.e. employee housing) would be realized through the creation of the SDD. As part of the original SDD approval, the developer agreed to provide three, permanently deed- restricted employee housing units, in accordance with the criteria listed in Section 6 of the Ordinance. Section 6 requires that the units are to each have a kitchen and to be located within the Town of Vail limits, close to a Town of Vail bus route, and are to be rented at reasonable market rates. The units are to always comply with the Town of Vail housing ordinance requirements, as may be amended from time to time. Each of the three employee housing units are to be deed-restricted and available for occupancy prior to a Temporary Certificate of Occupancy being issued for the Cornice Building. The proposal for acceptance of the employee housing units shall be brought to the Town Council for their review and approval at a regularly, scheduled meeting. Upon receipt and recordation of a written agreement to permanently restrict the three off-site employee housing units, in accordance with Chapter 18.57 (Employee Housing) of the Town of Vail Municipal Code, and upon issuance of a Temporary Certificate of Occupancy for the redevetoped Cornice Building, the owner, David Smith, shall be released from all obligations contained in the employee housing agreement dated May 2, 1985, by and between the Town of Vail and the owner of the Cornice Building, its heirs, successors and assigns. On May 26, 1994, the Town issued a building permit of the demolition of the original Cornice Building and its subsequent reconstruction. Construction of the Cornice Building is nearly complete, with only a fewr minor improvements in need of completion. To date, two of the three required employee housing units have been completed and permanently deed-restricted in accordance with the original SDD approval. These include a new employee unit constructed within an existing duplex in the Pitkin Creek Meadows area of East Vail, and a new employee unit located within a new duplex in the golfcourse neighborhood. The third employee unit was originally planned and approved to be located in the Vail Racquet Club. The applicanYs plan to deed-restrict the Racquet Club unit did not work and the applicant then proposed a major SDD amendment to allow for the construction of the last of the three required units in the Cornice Building. The applicant has since requested that the element of the major SDD amendment, to allow for the third employee housing unit in the Cornice Building, be tabled for 30 days, awaiting the outcome of the proposed alternate location of the employee unit in the Intermountain neighborhood. II. DESCRIPTION OF THE REQUEST On behalf of David Smith, owner of the Cornice Building, Greg Amsden is proposing an alternative to the Town Council for the third employee housing unit required under the Cornice Building SDD. The unit being proposed by Greg Amsden, is located at 2635-B Larkspur Lane, in an existing primary/secondary residence. The proposed unit is owned by Greg Amsden. The size of the proposed employee housing unit is approximately 675 square feet, with one bedroom, one full bath and a fuN kitchen. As stated previously, this is an existing secondary unit which is considered a non-conforming two-unit structure on a Primary/Secondary zoned lot less than 15,000 square feet in size. The proposal to deed restrict the secondary unit, as a Type I, Employee Housing Unit, will bring the structure more into compliance with the current zoning code. f:\everyonetcouncilUnemos\cornice.409 •r ~ Gregory M. Amsden 2635-B Larkspur Lane Vail, Colorado 81657 i~s a•, r~; . Apri13, 1996 APR George Ruther Department of Community Development Town of Vail TOU COMM, DE,j VF OFT 75 South Frontage Road Vail, CO. 81657 Re: Third EHLT for Cornice Building Dear George: On behalf of David Smith, owner.of the Cornice Building, I am requesting to present an alternative to the Town Council for the third employee housing unit required under the Cornice Building S.D.D.. This alternative is a significant improvement in quality and size to the older studio unit(approx. 275 sq.ft. each) that existed in the original Cornice Building prior to demolition. It is my hope that staff and Council agree that the proposed alternative is an acceptable employee housing unit for the Cornice Building requirement. Location: 2635-B Larkspur Lane (Intermountain) EHU Type: Type I(Section 18.57.040) Unit Size: Approximately 675 sq.ft. (1BR/lbath w/full kitchen) NewlExisting: Existing unit Availability: Immediately This is an existing secondary unit in a non-confornung two-unit structure on a Primary/Secondary lot under 15,000 sq.ft. in size. While the unit has been in existence for many years, it has recently been remodeled. The unit is located within close proximity to the Meadow Creek bus stop (see attached map). The deed restriction would bring the structure more into compliance with current zoning. No additional approvals are required for this unit to become an employee housing unit. The Cornice Building S.D.D. requires that the third and final employee housing unit be approved by the Town Council prior to issuance of Temporary Certificate of Occupancy for the project. The proposed alternative is a dramatic improvement over the previous studio units contained within the Cornice Building. I will look forward to attending the April 9th Town Council worksession to answer any questions related to the proposed request. If you have any additional questions or comments, don't hesitate to ca11 me at 476-8610. Thank you for your time and consideration in this matter. Residence: (303)-479-0337 Office: (303)-476-8610 AAsin msden Owner - 263 5 Larkspur Lane cc: .Tom Braun David Smith , i DO~ ~~I !f 1 S0 S 3 1 ~ CD~N E pm~6 w ggs~ g c}~tPdtS / r9L~ gW1M us ` ~'S9 J 8 °~:7 ~ t C~EEu ~ Zb43 ~ '°Z~ 0 cO 1~4$tW ~ ~1,.p, 943 ~,9 Z8Z1 y= t~• t zz 53 ~ ~ 3 2771 43 ~ t Z7 ~ z:abl 2535 ZsSg ~gt ~9~dE1-d ~~~5~ o {O 2 Z642 E_~ ~Sl~y2 1 .9 ~ g ' 2 . i ~ea~~t«aill~ ~ . G~LE ~2 bn ~ 26T.s ,t g983 20-60 ?3 595 4 23~ 7-64 g t ~ 2+~g 4 L~. t0 ~ ~gg ou~ b 7t ~ C.AF~tCSF~JR `ggt 19 t~ ~ ' . 26z ~0 4 g ~ 4 " ~ 34 045 2~700 26- °f'~' gg9~ ~ t~ g'POI ~ 4 ! ~24 zoot 10 v Z7gg 14 ~ UNIT ~ - 67:~ ~ C~R FA , 31~3 , , _ LivW(T x, 12(3" ~ s~P--_____----- ~ . r. \ . . ~ ~1l~tN~ ~ ` Ki j ~ AD ; 1 . • o 0 U3,5 I-A RIK S1=) ti R L~ ~E- Al.L P1EA~~tdR~~1~1~T5 AR15 Jt'~Si t E WALl..S. \ Id eg TOWN OF VAIL 75 South Frontage Road Office of Town Attorney Vail, Colorado 81657 NIEIVIORANDUM 303-479-21071FAX 303-479-2157 TO: Vail Towrn Council FROM: R. Thomas Moorhead, Town Attorney DATE: March 24, 1995 RE: Attached are the results of the Community Survey. At the work session on March 28th Suzanne Silverthorn will explain the method and evaluation of the survey results. Also you will find attached a short memorandum reflecting the discussion of the working committee that is assisting staff on the evaluation of the sound environment in the Vil!age and Lionshead. Thank you. RTM/aw ` Attachments . , AMENDME-NT TO LEASE AND DEVELOPMENT AGREEMENT THIS AMENDMENT TO LEASE AND DEVELOPMENT AGREEMENT is made effective the day of , 1996, between the TOWN OF VAIL (Vail) and CITY MAItKET, INC., a Colorado corporation (City Market), with the consent of WARNER DEVELOPMENT, INC., a Colorado corporation (Warner). RECITALS: A. Vail has granted a Lease (Lease) to City Market dated as of September 29, 1995, and recorded in Book 680 at Page 990 of the records of Eagle County, Colorado. Vail, City Market and Warner have entered into a Development Agreement (Development Agreement) dated as of November 15, 1995, and recorded in Book 680 at Page 991 of the records of Eagle County, Colorado. B. Section 5 of the Lease and Paragraph 4.K. of the Development Agreement relate to title insurance to be delivered to City Market by Vail. C. Stewart Title Guaranty Company (Stewart) issued title insurance commitment no. 95012432 dated November 27, 1995 under the Lease and Development Agreement. Vail has negotiated with Stewart as to an endorsement (Endorsement) to be attached to the title insurance policy to be delivered to City Market, and Vail adopted Resolution No. 5, Series of 1996, regarding sharing of attorneys' fees and costs between Vail and Stewart in the event of specified litigation. D. Following the adoption by Vail of Resolution No. 5, Series of 1996, Stewart raised the issue that such Resolution No. 5, Series of 1996, might not be readopted on an annual basis by Vail and it requested that City Market assume the obligation of Vail under Resolution No. 5, Series of 1996, in any such year or years that such resolution is not readopted by Vail. E. In arder to meet its commitments under the Lease and Development Agreement, and to avoid postponing the project for lack of a title insurance policy, City Market agreed with Stewart to assume such responsibility, which is now embodied in paragraph 5) of the Endorsement to the pending title insurance policy. F. City Market and Vail have negotiated regarding the responsibility assumed by City Market under the Endorsement and City Market has requested that any such sums be offset by City Market against any sums owed by it to Vail under the Lease or Development Agreement. NOW, THEREFORE, the parties agree as follows: 1. The Lease and Development Agreement are hereby amended so that any monies paid by City Market under the Endorsement issued by Stewart are to be offset against any obligations of City Market to Vail under the Lease or Development Agreement, such amounts to be applied to obligations as designated by City Market. 2. Except as modified herein, the Lease and Development Agreement shall remain in full force and effect. DATED as of the day and year first above written. Citv Market: CITY MARKET,INC., a Colorado corporation By Anthony F. Prinster, President Address: Post Office Box 729 Grand Junction, Colorado 81502 Vail: TOWN OF VAIL By Its Address: 75 South Frontage Road West Vail, Colorado 81657 2 Consented to: Warner: WARNER DEVELOPMENT, INC., a Colorado corporation By Robert Warner, Jr., President Address: Post Office IIox 958 Avon, Colorado 81620 STATE OF COLORADO ) ) ss. COUNTY OF MESA ) The foregoing instrument was acknowledged before me this dayof , 1996, by Anthony F. Prinster, as President of City Market, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public 3 . STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this dayof , 1996, by , as of Town of Vail. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORAUO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this dayof , 1996, by Robert Warner, Jr., as President of Warner Development, Inc., a Colorado corporation. Witness my hand and ofFicial seal. My commission expires: Notary Public 4 1 RESOLUTION NO. 5 SERIES OF 1996 A RESOLUTION DIRECTING THE'TOWN IVIANAGER TO ENTER INTO AN AGREEMENT WITH STEWART TITLE GUARANTY COMPANY FOR ATTORNEYS FEES AND COSTS. WHEREAS, the Town of Vaii has entered into a Lease Agreement and Development Agreement for the development of Vail Commons; and WHEREAS, the Town of Vail has pursuant to those agreements agreed to provide titie insurance; and , WHEREAS, in the event title insurance is not available, the Town has an obligation to bring a declaratory judgm~nt action; and WHEREAS, Stewart Title Guaranty Company is prepared to provide title insurance upon entering into an agreement with the Town of Vail to share attorneys fees to defend any cause of action brought by the "Common Sense for the Commons" Petitioner's Committee as has been threatened; and WHEREAS, such an agreement would relieve the Town of Vail to bring a declaratory judgment action at this time; and WHEREAS, such development is for the public good and will benefit the Town of Vail by ~ providing an affordable housing project availab4e to local employees. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, ~ that: 1. The Town Manager is hereby authorized to enter into an agreement with Stewart Title Guaranty Company to share attorneys fees and costs to defend any action br.ought by the "Common Sense for the Commons" Petitioner's Committee. 2. Such agreement will. provide that Stewart Title Guaranty Company wiil be responsible for the first $7,000.00 attorneys fees, the Town of Vail will be responsible for the second $7,000.00 attorneys fees and the Town.and Stewart Title Guaranty Company will split equally all attorneys fees in excess of $14,000.00. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVEQ AND ADOPT this 6t ay of February, 1996. Ro ert W. Armour, Mayor . T: Holly . A4cCutcheon, Town Clerk Resolution No. 5, Saries o/ 1996 ~ Cl{fic:e nF thc. Ilozrd of (::0rn11,6ssionrrs I-iglc ('omiily Ruilding (')7l1) ~2R-ftiil)S T'.(-). flox 850 Fax; (970) 32$-7207 'I • 50II I1mtulwtry TI)1): (970) 328-8797 Eaglc, ('olondr> 81631-0850 April 2, 1996 - 9:49 - - ~ FAQUECOtlNTY, COLORADO ` AG ENDA . ~OARD F UIVT1( CQMlVIISSiONERS ~~~ULAR MEETsNG DAY . APR @ L 89 1996 0 o a a a a a a a a p a a a a a a o a o e a o a a a a a a d Q A i} A A d A~ ' 1e 8030 -10e00 WgIZF( SESSIOIV - PEIVDING LITIGATIOIV James R. Fritze, County A4@orney g0a00 - 10.15 BREAK 2. I9(D:Irb - 99_99 WORK SESSIOIV - WEEI(LY UPDr4TE 3. ~ 11e15 - 120~0 WOR9C SESS10N - MIEETINGS ATTENDED 12e00 - 1a~~ LUNCH 4e 1o30 - 1o46 CONSENT CALEIVDJAR Poaen oP o routlne and non-conVovwsid raWr0 ares placed on iha cmpent cetandarlo aAowttre Buard of Courdy Commissronera M spand Itzi timo and anergy on more ImpoKard Imms on a Iongthy aganda. My Commisslonsr may roquost tliat on item be "REM4VW" kom tha consard calander and eonsldered separataly. My mamber of fhe pubde may 'REQUE57° orry item bo °REMoVEp' kon+ tlre Consan2 qgenda. I !~o BILL PAYIIVG FOIt TF9E INEEiC OF AP6tlL 8D 1996 I Linda Pankuch, Accounting Mark Silverthorn, Controiler ACT9ON: Popprolbal subject to review by the County Administrator ~ S. ' PAYROLL F0R AF'RIL 11, 1996 Mark Silverthorn, Controller I /AC-T9ON: Approdal subject to review by the County e4dministrator ~ I fEagle Board of Countb Commissioners Agerada, Apri I 8, 1996 6'age Two ~ C. ~~PROVAL. OF WIItVUTES OF THE E4C;LE BOARD OF COUNTY COMMASSIONERS MEETINGS JANUARY 29, 1996 THROIJGH MAiZCH 12D 1996 Earlene Roach, Clerk & Recorder°s OfroCe ACT6ONe Consider apprada9 D. NOT9CE OF AWARD FOR TFiE 1996 SLURRY SEAL PROJECT Don Fassler, Road & Bridge Departnnent AC4I0He Consider approval . . I ' E_ NOTICE OF AVIIAR[9 FOFZ THE 1996 CFIIP SEAL PROJECT 97on Fessler, F$oad & Bridge Department ACT6ONa Consider approval I , F. APPROi/AL OE THE 1996 P/41/IfVG COIVTRACT BETWEEN EAGLE COUNTY 5TATE OF COLOFtADO AiVD ELAM COIVSTRl1CT'lOtd COMI'ANY Don Fessler, Road ~ Bridge Department ACT9ONa Consider apprObal S. CBiANGE ORDER NOe I TO TFIE. 1986 PAVING CONTRACT BETWEEN EAGLE COUNTY STA'TE OF COLOi2ADQ Atd~ ELA11A COIVSTRIJCTION COIIAPANY Don Fessler, Road & BPidge Depar4men4 ACT40H: Comsider approdal M. AAAENDNiENT TO THE AGREEMENT 1MTFI IUTAAXIN! TEC9iNOLOGIES ~FOftMERLY SiUNTINGDON EIVGINEERING) TO EXTEND COMPLETION DATE 70. AfUGl1ST 31, 1996 FOIt THE PAVEMENT MANAGEMENT Sl1RVEY FOR PAVED EAACaIE CQUNTYROADS . Don Fe$sler, Road & Bridge Departmen4 AC'i~ONo Consider approval o. A RESOLIITION AAAENDlIVt3 THE PROvIS101V OF f RESOLUTION NO. 95-35 iVlary Ja Berenato, AttOmey's Ofice ACTBOR9o Cansuder approval . , I Eagle BoaPd of Coun4y Corvumissioners. ,4genda, April 8, 9996 Page Three J. C0~ORADO DEPe4FtTflAENT OF Le4BOF7,.CORE .10B SER1lICE BUSIIVESS PLAN, MOtJfdTA1N iZEGIC3N u EPOM OF FRI5`vOp ED••ARDSp HO! o7LUQ""HU~ ~PR1ltlGS 6'41\D LG/`l6dVlLLE Mary AAayer, Edvvards Job Service ACTION: Consider approval ffEMS ON THE RECORD 1o45 = 9 0~0 APPROVAL OF AGREEhAENT BE711YEEN EA(;LE i ~OUNTYo STAT'E OF COLORADO AND ATI.A~ STEEL FQR BALINCa OF 1lVHIT'E GOODS AT THE I EAGLE COUIV7Y LAIVDF1LL Ron Rasnic, Solid Waste Coordinato~ ACTION: Consader approval 1:.50> 2:00 ~ AUTHORIZATIOR1 TO DRAVY ON LET'TEFtS OF ; CREDIT IF RE4lJlRED: (7' $ANDY LICHLITERo (2) M8D VALLEY METRO DISTRICTD (3) ROBEFtT & I ~ JUDY S7tJMPUS; (4) BASALT TRADE ASSOCIATES James R. Fritze, County Attome~ ACTION: Consider approval 7. 2:00 - 3:30 ABATEAIIENT HEl4itINGS A. PETER W. & CATHERlNE R. SMITH/SCFBEDULE #27635 JOS~PH T. & ETHEL P. Bt1LMAIVISCHEDl1LE #029432 C. JUST91VE H. aAAITFI/SCHEDIJLE #012972 0. JAC9C D. & SUSAfV K. BEALSlSCHEDULE # 006773 E. ALLYSON i, ROBERT GAf2ClA/SCHEDULE #Ft021955 F. RONALD J. NELSON, AAARY V. NEL50N1SCHEDl1LE #R005826 i G. DARitELL L. & SHIRLEY M. HA1/ENER/SCFIEDULE ~ #U24718 H. BUFtTON !/iCKERS-PROPEFYTY TAX ADJUSTMEIVT SPECIALISTS9 IIVCJSCHEDULES #012993, #012209, #012202, #012203,.#012204, #032472, #0924441 #012446, #012447, #012675, #0126fi9 ~ Mary ,90 Beranato, Attomey's Offic~ ACTION: ConsideP approval fEagle BoaPd of County Commissioners Agenda, Aprsl 8, 1996 Page FouP . 3e30 _ 4e06 BREAK . B. 4000 - 5.00 WORIC SESS9ON - AIRPORT LAND USE James Fritze, County Aftomey I i ~ ~ I ~ I ~ I i . ~ THE NExT fN4EETIPIG OF TWE EA(3M CpUNN COAAUUSSIONERS WILL BE HELD ON /IPRIL 8, 989g ~ RLL AflEETWGS dVILL BE FIELD !td 7HE EAGIE CUUNTY BUILDING - 500 BROAQYVIAY, EAGLE- OR OTHERWISE rypTEU, 7Hi6 A(3ENDA 13 PROVIQED FqR INFORMATIONAL PURPOSES ONLY - ALL TlMES ARE APPROlOAAATE, TF1E BOAf2D 11UHILE IW SESSIOtd MAy CpNSDER OTHER REiNS TFIAT ARE BRQUGHT BEFORE R. OUicx of fhc 13oard of ('nmmissinncn f:aglc (.'cwnty 1311ililing (970) 328-860S P.O. Bnx NSU Fax: (970) 328-7207 • Sp(l I;maclway TD1?: (970) 31N-N797 1=.;ip0c, (:olondo 8 10i1-0850 84pril 2, 1996 - 90:93 ' FACLE COi]NTY, COLORADO AGENDA BOARD rm'F C"'OUIVTY COMMISSIONERS REc~ULAR MEETING DAY APML 9, 1996 ats~ttatst~tstrts~aatsa~ts~t~uawaoaaAQOpOOpqGiQdp ~ I 1. 9:00 - 9:30 i WORK 5ESSlON - INSURAIVCE BENEFBTS Alic.e Sundeen, Vailey View Hospital 9:30 -10:00 BR K 2e 10o00-91:00 WQRK SESStOIV - ~LOOD PItEPARATION .9im Hartmann, County Administrator 3. 11:00 - 12e~0 WORK SESSION _ SBSTER CQUNTY PRQGRAiVl Merv Lapin, Vail 1/a11ey Exchange Karen Phillips, Vail lAalley Excharrge 12000 - 1e30 LUNC9-0 I ~ I ~ THE NEXT AdEETIMG OF YP1E EAGLE COUNTY COMMISSIONERS YVILL 8E HF1D ON APRIL 15,1986 ALL {NEETINGS WILL BE HELD IN YHE EAGLE COUNYY BUW7ING - 500 BROAIy1MAY, EAGLE- OR 07FIERWISE NOTED. THIS AGEPIDA IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY - ALL TIMES ARE APPROXIMATE. YFE BOARD NUHH-E IN 3ESSIOfd a9AY CONSIDER OTHER ITEMS YHAY ARE BROUGHT BEFORE IT. <..)lficc ci( thc BOiril uf C0r11nissio1ji-n F:if;lc C:uwily l3uildini; (970) :i1K-K60$ I' ( ({ox R50 I;aX: (()7o) 32H-7-)07 . _ , tipU I1ivaclway Tl')1): (970) T7$- 87197 - dC, Colt)f Ad(1 R 1 ri3 I -(IR5f1 Apri I 4, 1996 - 12: 50 aGa COLINN'I"Y, COLORAW . AENDE, D AGENDA BOARD ~ ~~U111TY C.OIIIl11111 SSIONERS I REGU' R MEE,-ING DAY PR8L 8,1996 d pQ Q OQiSA t} AQ 4IA 4 86 i}htaq t! ARkY{t{Y A{Y 6R 444CrO k 8A ADD O 9. 8:00 REAKFAST & GRQIIIVD BREAiCING VIL4.AGE CEN"PER & BEAIIER CREE1C East Vlles4 Partners Vail Associates CHANGE TIMES ~TEM #9 20 90:00 - I 9 a~0 WORK SESSION - PENDING LiTIGATION .Dames R. Fritze, County Attorney S. 11:30 - 9 2e00 ORK SESSION - WEEI(LY UPbATE .9im Hartmann, Counfy Administratar ELETEo 3. MUD - 12:00 INORK SESS10[V = MEEnfVGS A"f77'EIVDED . AMENDED . Eagle Board of County Cammissioners Agenda, Aprii 8, 9995 Page Four . ADDo t~. 3.30 _ 3o45 CONT6ZACT BETWEEN EAGLE CO111VT1f, STATE OF COl.OR4bO AND STATE OF COLORADOo DEPA[tTMEN°T OF LOCAL AFFAIRS FOR STATE & . L l4L EIIAERGENCII MANA(iEMENT ASSISTANGE ~ FUNb$ . ' Jadc Johnson, Emergency Management Director ACTBONe Cons;der approval . S. 3e45 - 3o50 AGftEEMENT sET'VVEEN EAGLE COUNT'1(. STATE ~ . OF COLORADfJ AN[3 MOTORaLJ1 FOR THE EAGl.E COIDNTY EMERGENCY SERVICE d4GENCIES COhANfUIVICATIONS SYS°TEIw A.J. Johnson, Co.,nty Sheriff ACTIOR9: Consider approval 911. 3e1111- 4e00 APPROVAL OF AF'PI.ICATION FIOR JUVENILE J19ST1GE AND DELlNQtJENCIf PREYEIVTION EUNQS lC'im Andree, Sheriffs Cvmmunity Affairc OfficeP ~CTBON Consider approval HANGE ITEM # 1~a 4n00 _ 5e00 i WORK 5E5SION n A9RPOitT LAIdD USE ~ JameS Fritze, County AtBomey , r I . TFiE P1EX1' PAEET7NG OF THE rAh-LE COl1MTY COMU11ISS10NERS WILL BE FELC] ON APRtL 9, 9886 ALl. AAEE7INOS WILL BE HELD IP! 7HE EA COIAdTY BUILpING - 500 B1iQADWAY. EAM.E. OR OTMERwISE NOTFD. 7Ml5 PQENDA IS PROVIDED FQR ORMA710NN. PURPOSFS OMLY - ALL TQNES pRE APPR070MA1IE. YFiE BOARD UVHILE IPI SESSION MAY CdNSlpER OTHER REMS THl1T ARE BRdUL3NT BEFORE IY, 1 ~I iHI I ~ED APR 1 ~ f I ~ ~ I 1 1 1 ~ i~I ,I I ~ ~ T ~n~ ~ I i Me6~ g 't o 5.ool~ i-~ ~IJ 7 I I 1 ~ ~ I ; I 1 I ~ ~ ~ ~ I ~ I ~ ~ ' ''~~ti? ~c i to ~ ~ ~ C~~ ~so w ~~1~~ f~?r ~s ~i r~~~ Ase ~ ~ e~~ ~ , , ~r ~ . . ~ . ~ . ~ ~ I~i I , • , ~ ~ 'I Il ! • ' , ~~I ,1'~,~~ I~li`t,l,'~ ~ ' ' ' ~ ~ eQ ~on~ i I I i i I I 1 ~ ~ 1 ! ~ , ~ II~II~I~~i~ l 1 I I{ ; ~ ` i I~',~~~ R4~~ ~ i ~ i ' ` ~ ~ I ~ i i i ~ i S~ ~ ~ ~ ~i ~ i,..~l'~~ ~~IM~ld .,U t~ l b5"7 US"32 , : >st; Eagle Valley Family Center P.O. Box 3048 Avon, CO 81620 X e ; Csu,~~.ct~- ~e.~-# aTovbn of 1lail Sales Tax Estima4ion Workshee4 4/2/96 / Change % Change 'be6 Buoget from lrom Month 1m 15a46 1987 1w8 1989 1990 1991 1992 1993 1994 1995 Budget Estimafe Variance 1995 Budget . wmwmm.~ ffiffi- January 881,304 890.5851,063,196 1,126,496 1,465,870 1,599,123 1,713,091 1709;654 11855:364 1:805,707 1,894;597 1,891,738 1,929,816 38,078 1.86% 2.01% February 918,154 946,552 1,135,786 1,205;101 1,561,286 1,695;850 1,737,343 1,780,568 1,828:766 1,814,495 1,816,107 1,813;365 1,980,088 166723 9.03% 9.190! . . . . . . . . . TOTAL 1,799;458 1,837,137 2,198,982 2,331,597 3,027,156 3,294;973 3,450,434 3,490222 3,684;130 3,620,202 3,710,704 3,705,103 3,909,904 204,801 5.37°Jo 5.53% March 1,187,520 1,316;652 1,378;782 1,591,705 1,939,758 1,897,718 2,051,820 1,977,995 1,9881090 21250,656 2,139,298 2,136;070 April 531,668 430.877 425,961 550,205 567,684 634,174 616,648 691,163 864,303 794,668 791,092 789,890 May 162,912 2441987 245,518 170,567 215,548 236,359 250,809 268,000 257,248 287,315 324,681 324,179 June 280,828 3611627 331,581 329,039 393,470 448,227 468,948 468;598 475,161 548,620 590,685 589,783 July 447,815 479,507 479,201 559,683 649,139 665;094 737288 742,750 811.538 892,830 893,483 892,126 August 386;985 512.513 536,904 5751887 668,119 678,071 761,992 767.257 825;954 891,566 867,125 865,808 I September 340,102 374;060 442,402 422;502 469;032 482.328 491,684 485,954 560.535 725.205 645,9021 645,195 October 209,282 237.504 273,951 291,204 335,740 364,002 324;802 367;578 400,525 408,405 461,791 460;170 Flovember 229,063 376.657 386,270 376,235 430,820 438,731 428,086 497,907 553;681 594,491 611,147 608;123 December 905,955 1,167280 1,245,612 1,455,948 1,615;278 1,625,219 1,691;775 11846;223 1,974;553 1,992,855 1,994,540 1,990:566 Total 61481;608 7,338;801 7,945,164 8,654;572 10,311,744 10,764,896 11,274.286 11.603,647 12,395118 13;007,013 13,030,448113,007,013 3,909,904 204,801 -69.99% -69.94% Q April 2, 1996 Dear Council, Susan, Bob M and those concerned, I read with great azixiety and fear the following statement in the Highlights for March 12: "...saying it consumes too much time on the part of the applicant and staff, the Council agreed to begin a process to eliminate or modify Vail's GRFA requirements." Where does this concern come from? It did not come out af the two TAC meetings. The only common complaint from that group was that the staiTs feedback on applications came too late to make adjustments before scheduled hearings. There was not a general feeling tha.t the basic rules thax govern Vail were wrong! The concern did not come from the public who generally have expressed a desire for the rules to rema.in strong as the pressures an the town, as a result of near buildout, increase. It seems only developers, realtors, and a few people who have even told "no" have expressed this concern over the years. The last big review of GRFA produced the "250" fiasco. That was specifically formulated to enable people to make srnall properties a little more livable and therefore stay in the community. However, it was poorly written by the lawyer and ended up being used for redevelopment. - I believe the earliest effort at experimenting with bulk and mass rules produced the 1Vlountain House which I remember being built under FAR defuutions. That clearly did . not work. GRFA is the closest you can come to legislating good architecture but it is not fool proof. Nothing is. Something worth doing well is not necessarily the easiest either!! T'here are many issues to be dealt with in the Town of Vail but I do not believe this is a productive way for this group to spend their time. The previous council was heavily criticized for getting into issues that the community had not identified and did not buy into. I. do not believe any of you, with one possible exception, have enough understanding of the far reaching impacts of revising, much less throwing out, GRFA. 1Vlost of you do not yet have a grasp of the language of planning and zoning., and/or, its application and implications in Vail. _ I respectfully suggest that you proceed with some of the recommendations in the Development Code Revision Report of 1991 that identified many of the inconsistencies, typos, and errors in our zoning regulations; as well as suggestions for greater efficiency. That would be time well spent! You need to identify exactly what the prohlem is in order to fix it. Spending staff time on issues that have already had extensive review, rules tha.t have stood up in court and guidelines that ha.ve produced a very beautiful town seems wasteful to me. Isn't that what ' you a.ll accused the past council of doing? t_ Some of the issues tha.t could be worked on aze: 1. How to acquire property to build affordable housing on without robbing other funds. How to get those units built. - 2. Affordable housing clearing house where long term rentals could be registered and complaints logged by property without any responsibility or processing on the part of the town. Having a tips sheet for renters like video the premises first. 3. Many of the approved caretaker units are not being rented. Can we require caretaker units under certain guidelines? Can we furnish a lease for "restricted unit" owners to use the meet town requirements? 4. The town is dirty and pedestrian areas in poor repair.. 5. Getting absentee business property owners to fix up their properties without handouts from the town or billing their tenants. 6. Getting some unity across social lines in Vail. 7. Get the word to architects to apply for wha.t they want and not include 10 to 30 percent to negotiate away. Staff must apply only rules and regulations to applications not esthetics DRB does that. Applicants do not mind the process and feel their projects a.re generally improved by it. The fivstration comes with feedback tha.t is too late and from petty appeals. 8. Speed limits that make sense year around. 9. Complete the "tree protection" regulations. 10. Complete the "last 10 percent"! As of 6 AM today, 4 council members have retumed my ca11 of last Tuesday. Two of you just want to understand GRFA, one is willing to change it and the other just wanted -to please everyone. It is clear from comments in the paper that people, especially developers and those who generally have made little or no effort to help themselves, are putting the pressure on a very inexperienced council . Rules and regulations have protected the town from peaple who are here simply to profit and who have no concern for the town as a whole. It is time these people put their own money and efforts on the line and stop asking the council to risk the entire town or VA to pay for it. Free parking and watered-down iegulations will not serve Vail. Pay in lieu has a purpose and is not a penalty. Get fully informed before you start making promises and statements based on one-sided information. _ At this point, all you have done is undermine the current system with nothing to replace it. That is irresponsible and no way to gain confidence from anyone. Don't let certain factions take advantage of your inexperience. Tackle some of the smaller but more important issues that will truly benefit the town but have long been ignored. Although there wil) be no plaque for your efforts you will be doing the job Vail councils should be doing. Although Susan seems intent on revising the town's rules and regulations and Bob M keeps saying he is tired of hearing abaut the past something about our rules and past ; have created a hugely successful town. The past is something to learn from and appreciate not something to disregard or go back to. Please stay in touch. Take advantage of my many years of experience and the experience of others who served the town and not themselves. There is nothing wrong with tha.t...in fact, there is a whole lot right! ! Sincerely and most respectfully, f , I)iana I)onovan , ~?I f v v t vs ~ ~ PUBLIC "`CoaKMC.nnorrs % 40~ as s. Frontage Rd. vail. Co 81657 (970) 479-2200 Faaac (970) 479-22 a6 FOR BMf1AED9ATE RELEASE April 2, 1996 Contact: Tom Collins, 479-2346 Vail Public Safety Communication Manager FCC GRAfVTS LBCERlSE FOR 530 AM RADIO INFORMATIOIV STe4TBON iN !!A?IL (Vail)--Vail has a new AM radio station. But you won't hear your favorite top 40 or country western tunes. This station, at 530 AM on your dial, is operated by the Vail Public Safety Communication Center. Tom Collins, the center's communications manager, said the station has begun broadcasting reports on road conditions, parking availability and other general transit information. "We've been in a 4est-mode since before Christmas week last year, but now that we have our license from the Federal Communications Commission (FCC), we can move ahead on this," Collins said. The low-watt transmitter provides recorded information firom the East Vail exit west to Dowd ` Junction. Although the reception isn't yet perfect, Collins said the radio station offers an additionaf resource 4o assist travelers with their information needs. The cost of the $21,000 project has been evenly split between the Town of Vail, Colorado Department of Transportation (CDOT) and Vail Associates. The three-way parfnership has resulted in a series of other programs to improve winter travel along the I-70 corridor. --Motorists along I-70 will find blue informational signs about the AfVI 530 station at fihe Eas4 Vail and West Vail interchanges. In addition to the AM 530 radio station, road condition information is available by calling the Vail Public Safety Communication Center's 24-hour recorded information line at 479-2226. Information also is posted on TV Channel 11, which is available to TCI cable subscribers in Vail. For additional information, contact Collins at 479-2346. # # # . Q - MINUTES REGULAR iVIEETING VAIL PARK AND RECREATIOIV DISTRICT d/b/a !lAIL RECREATION DISTRIC? BOARD OF DIRECTORS VVednesday, June 14, 1995 Call to Order 3: 10 p.m. MEMBERS ` PRESENT: Fiermann Staufer,^FCirk Hansen, Gail Molloy, Ross Davis, Ken Wilsan EXCUSED ABSENCES: None OTHERS PRESENT: Rob Ftobinson, Ann Foster PRESENTATION OF AV1lARDS: Robinson and Staufer presented 5, 10 and 15-year (of employment) awrards. '9 995-96 DQBSON ICE ARENA RATES: Heber prrtzr-.,nted a proposa{ for ice usage. Hansen asked if any group h,,. .)iced any problem with 4he proposed rates. Heber said N0." VVilsai-i made a motion 4o accep4 the rates as presented with $66/hour for the youth hockey program. Hansen seconded. Passed unanimously. . TENNIS PROJECT: Ortiz repor4ed 4hat the 4-court battery and fence will be ready UPDATE Tuesday - 2 days early and ready for Ladies Day, VVednesday. The twio remaining courts will be ready by the end of June. - Davis asked about the Booth Creek courts. Two courts have been damaged by Cottonwood tree roots and are not playable. The V. R. D. staff have no plans to put money into those courts at this time. Staff will bring a proposal on vvhat to do with the courts at a later date. GOLF COURSE • WELL CONSTRUCTION: Robinson told the board that Sackbauer of the Water District wrould like to begin well work Sept. 18. The board agreed to allow fhis. 2 1 - GOLF COURSE FEES: The board agreed to go to high season fees Saturday, June 117th. EXECUTIVE SESSION: Davis made a motion to go into Executive Session to discuss personnel issues. Wilson seconded. Passed unanimously. . Hansen made a motion to go out of Executive Session, Wilson seconded. Passed unanimously. ADJOURNMENT: Wilson made a motion to adjourn the meeting. Hansen seconded. Passed unanimously. The meeting was adjoumed at 5:00 p.m. Gail Molloy, Secretary Ann Foster, Executive Assistant min614 r ~ fViINUTES SPECIAL MEETINGNVORK SESSION VAIL PARK AiVD RECREATION DISTRICT d/b/a VAIL RECREATIOfV DISTRICT BOARD OF DIRECTORS Thursday, June 22, 1995 Krueger Room, Vail Golf Clubhouse Called 4o Order 3:40 NiEfViBERS PRESENT: Ross Davis, Hermann Staufer, Ken VVilson, 9Cirk Hansen EXCUSED - ABSENCES: Gail Molloy OTHERS PRESENT: Jim Collins, Ann Foster, Brian Jones and Rob Robinson MONTHLY VARIANCE ANALYSIS: Robinson stated that tfie previous projections made by him and Brian J' ones on golf revenues have remained correct. This puts, 4he V.R.D. $114,000 low for the golf branch. Part of this is attributed :_.)ass sales being dowrn - this may pick up in July. Robinson added that some other branch revenues are afso down slightly. He recommended that the Board wait until August to see if fihese revenues have increased before beginning any capital projects. VVilson asked Robinson and Collins "If Bruce's amendment to • eliminate the Enterprise Fund doesn't pass, does the V.R.D. need to De-Bruce?" Robinson said not but encouraged the Board to choose a time to De-Bruce carefully. DISTRICT " POLICIES RE GRANTING USE OF FACILITIES TO THIRD PARTIES: Robinson explained that the Colorado Constitution mandates that District revenues be collected to spend on recreation. Collins added 4hat the Constitution generally prohibits grants or donations 4o profi4 or non-profit institutions. If the.return to the community or the fair market value of any consideration received is of equal value 4o the donation and is well documented, it is currently permissible. In this case the ~ marketing value of a donation (which may be in the form of a discount to one of our programs or facilities) must equal the value of the donation or discount. The calculation must be based on whether or not the overall community will benefit dollar for dollar. Collins continued by saying that a good guideline to use when considering a request is asking ourselves "Can we get these people to come to Vail and use our facility and serve a public purpose without giving them a discount?" Offer it only when it becomes necessary to achieve the desired result. Collins recommended that V.R.D. change to a policy of extending no group discounts, grants, ar gifts; such exceptions should be the gross exc.eption to the policy rather than the rule. This needs to become public knowledge. Hansen suggested that Collins draw up a policy stating that there will be no exceptions except by affirmative action of the Board. Collins agreed to do so. INPUT FROM THE BOARD ON QUALITIES THEY ARE LOOKING FOR IN THE NEW EXEC.. DIRECTOR: Staufer recommended that a high priority be placed on the candidate having a working knowfedge of Amendment #1. Wilson agreed. Robinson suggested that he and Brian Jones woufd bring a list of 15 or so candidates to the Board of Directors so that the Board helps . narrow 31 that list to five interviewees. The Board agreed. Ross Davis as at what point Rob plans to get staff input on the final candidates. Rabinson suggested that perhaps they sit in on a segment of the assessment (e.g., the candidate presenting a staff request to the Board and the candidate handling a case study of a disgruntled employee). HeRnann Staufer asked for a detailed timeframe which Robinson agreed to send Mim. , Staufer suggested that the candidate be a good administrator and that this quality be added to "strong management skills." ADJOURNMENT: Davis made a motion to adjourn the meeting. Wilson seconded. Passed unanimously. The meeting was adjoumed at 5:00 p.m. Gail Molloy, Secretary Ann Foster, Executive Assistant s2a„ir, ~ MIRfUTES REGULAR MEETINC BOARD OF DIRECT'ORS VAIL PAR4C AND RECREAT'ION DISTRICT d/b/a VA{t RECRE4TiON DISTRICT . . Juiy 18, 1995 Vaii ftecreation Dis4rict Con#erence Room Cailed 4o Order 3:00 p.rn.. fiflEMBERS , . PRESENT Gail Molloy, 6Cirk Hansen, Hermann S4aufer, Ftoss Davis, 4Cen VViIson MEMBERS ABSENT None OTHERS PRESENT Brian Jones, Ann Foster APPROVAL OF MINUTES Hansen made a mofion 4o approve the minu4es from 4he June 14, 1995 and 4he June 22, 1995 Board Meefings. Davis seconded. . Passed unnnimously. DONATION POLICY Davis made a mo4ion 4o approve the resolution proposed by Jim Collins. If is as follows: iVo discounts of user fees or charges for Phe use of Vail ParBc and Recreafion DistricP facilifies shall be allowed by staff. Rare exceptions Po the policy may be effected only by action of the Board of Directors and based only upon an adequate neceipt of value or benefit to gt?e District or achievement of some substantial public purpose. Applications for an exception shall be made to the Board in wrifing, with documentation and argument denoPing the value, beneftt or pubtic purpose. VViIson seconded. Passed unanimously. CPRA GOLF TOURNAMENT Ed Blum, Director of Colorado Parks and Recreation Association spoke briefly about the CPRA. He then asked the Board for a discount on play for members during a previously arranged golf tournament during their fall conference in Vail. The tournament has been scheduled for Sept. 19 of this year. -Mr. Blum submitted a . letter including a breakdown of the number of people that this conference is bringing to Vail and the monetary benefit to the community. Davis made a motion that as the Vail Recreation District is the host of the CPRA fall conference, it contribute, as part of the VRD sponsorship, a discount to CPRA golf tournament participants. $50 including cart will be charged to tournament . players. The toumament will be a scramble beginning at 12:00 noon September 'i 9th. Those who are in Vail as part of the conference who play golf at any time other than during the tournament will not receive this discount. Hansen seconded. Passed unanimnusly. Blum stated that those participating in the tournament will be registering through the CPRA Conference Registration process and the Board asked him to give Piet Pieters his numbers for the tournament at least three days in advance of it. LADIES MEMBER GUEST . `TOURNAMENT Ann Mardis of the Ladies Go{f Club was present and asked the Board fo; :Jiscount for their August 2, 1995 tournament. Mardis expects 80 players. Davis and Hansen agreed that the Member/Guest is a good institution and should be encouraged. Molloy abstained from discussion as she is a member of the.Ladies Golf Club. Wifsan made a motion to allow a one-time rate of $50 which includes a cart to be charged. This tournament will have a Shotgun Start. Hansen seconded. Passed unanimously. Davis noted that the Mens and Ladies Clubs will be treated equally in the future. - KRUEGER REQUEST Brian Jones intrnduced the topic of the letter from Ben Krueger. Wlson made a motion that the request for free golf rounds for Mr. Krueger's family members be denied. Hansen seconded. Passed unanimously. Krueger already has a restricted lifetime pass. It is not good on weekends. The Board suggested that Mr. Krueger be reminded of this. Wlson and MoAoy suggested that Krueger use the medallion for a guest, for example, his son. Bn this case 4he person using the-meda!lion to get on the gotfi course would only pay for a cact. The Boafd instructed Piet to call Mr. Krueger to inform him of this decision and Brian Jones was instrucfed to respond to Mr. FCruegees letfier in writing. . RESOLUTION T'O ESTABLISH A SEPARATE ENTERPR{SE RECREATIONAL Jones infiroduced this subject based on a recommendation by Jim FUND Collins that ali Special Districts wi4h Enterprise Funds pass a resolufion that states that any Enterprises shall nof have the authorify to levy taxes (see attached). The Supreme Court Pecently issued an opinion involving the E-470 Authority, which in gross summary provided that an en4ity cannot be an Enferprise ifi R has the power fo levy taxes. Davis made a mofiion to adopt i4. Molloy seconded. Passed unanimously. VAIL GOLF CLUB SIGNS Susanne Chardoul, Marketing Director described different styles fiypes of signs avai{able for the Pulis Bridge and the entrance to the Vail Golf Course. VVilson suggested that {ettering be put on the bridge rafher than on a stone on the ground on the course near the bridge. In addifion, he suggested that a sign be placed at fhe entrance 4o the Goff Club when it is redesigned. Brian Jones offered 4o get the final design for the bridge from the TOV so that the VRD Bcard can see the surface that the TOV approved for the bridge and make a decision about ordering an appropriate sign. LACROSSE TOURNAfVfENl' Mike Or4iz, Sports Supervisor described the conditions leading fo 4he loss of turf on the fields during the Lacrosse Tournamen4, reminding the Board that this was an extremely unusual year weather-wise. Jim Sanders has since repaired the turf and the , _ felds were in good shape shortly after the tournament. The Lacrosse Tournamen4 organizers will be billed for approximately $1,000 worth of damage. IVlike tried to move parts of the 4ournament to other fields but fvvo schools' fields were under construction.and the fences at Maloit Par6c don't provide a large enough fiie{d for lacrosse. Part of the tournament was played in Avon. His plans for 1996 are to change vendor location, no4 allovv parking on the fields, to play the Masters tournamenf on a North- South bias in Ford Park and the E{ite Tournament East-West. Davis suggested that since the crease areas aldvvays need Yo be re-sodded after a game, a cfause paying for this be added to 1996' contract. .fim Sanders was congratulated on doing such a great job in repairing 4he fiefds after the 7 days of rain and play damaged them. HELMETS Wilson requested that VRD staff working on the goif course vvear protective headgear for liability reasons. He is concerned that the VRD is not adhering to safety standards by not wearing helmets to protect them from golf ball injuries. Jones said that our insurance is under.the impression that workers wear them, and an incident could increase our insurance rates. Staufer suggested an incentive to wear them be created. Bender says that his mowers always wear them. Jones reminded the Board that Worlcman's Gompensation would cover an injured worker but #hat we need to require staff to wear helmets. The Board of Directors is considering revoking golf privileges from those who do not wear a heimet. EXECUTIVE DIRECTOR RECRUlTMENT Jones reported that 122 appfications have been received as of this date. The appfication deadline date is Friday, July 21. He reported that 20 are currently being considered. Rob Robinson will be in Vai1 this weekend to sort through all applications with Brian Jones. Questionnaires wili be sent to the 15 or so semi-finalists. Assessments/Interviews will be held mid-August. Jones asked if the Board intends the VRD to pay for the final three to fly to Vail for interviews. This hasn't been decided yet. The Board requested to to see the resumes of the semi-finalists that Rob and Brian choose. Brian Jones agreed. _ EXECUTIVE SESSION Hansen made a motion to go into Executive Session to discuss personnel issues. Davis seconded. Passed unanimously. Davis made a motion to go out of Executive Session. Hansen seconded. - Passed unanimUUSly. GOLF COURSE MAINTENANCE BUILDING Tim Kehoe of Shepherd Resources described three options for adding employee housing to the existing pfans for the golf maintenance bui{ding if the TOV requires employee housing. The Board instructed Tim to let PEC know that the VRD does not p{an to add employee housing. EXECUTIVE SESSION fiHolloy made a motion to go into Executive Session for pecsonnel reasons.. Davis seconded. Passed unanimously. Davis made a mo4ion fo go -out of Executive Session, Molloy seconded. f'assed . unanimously. ADJOURNMENT lfl~ilson made a-motion 4o adjourn 4he meeting. Pt9olloy seconded. Passed unanimously. The meefing was adjourned at 4:50 p.m. . ~t Ft+ } Gail Molloy, Secretary Ann Foster, Executive Assistant 718min RAINUTES REGULAR MEETING BOAR.D OF DlRECTORS VAIL PARK AND RECRE4TION DISTRIGT d/b/a VAIL RECREATION DtSTRICT August 9, 1995 Vail Town Council Chambers Called to Order 3:00 p.m. MEMBERS PRESENT Ross Davis, Kirk Hansen, Gail Molloy, Hermann Staufer, P(en Wlson MEMBERS ABSENT None OTHERS PRESENT Brian Jones, Lisa Campbell APPROVAL OF MINUTES Davis made a motion to approve the minutes from the July 18, 1995 ` Board Meeting. Hansen seconded. Passed unanimously. CAPITAL PROJECTS Brian gave an update on the status of capital projects. Under the "Already Completed" category there was a savings of $30,000 due to the fact that a driving range crank system was not acquired by golf . maintenance. Ernie Bender felt uncomfortable.with spending money on a device he wasn't completely sure about. As far as "Items in Progress" are concerned, the VRD spent $10,000 less than expected on Nature Center displays and also had a savings of $10,000 on Tennis court resurfacing due to Mike Ortiz and the parics workers doing the work themselves over the course of several days. Under "Projects Not Yet Started° it was decided that the parking lot - , at the Golf Clubhouse should be postponed due to low golf revenues. The additional clay court money could go to refurbishing the Booth Creek courts (4) which would allow Bi(I WrighYs camps to have an additional facility. Also, the VRD hasn't really decided . whether it would be feasible to have a new day court so close to the softball fields. However, the Maloit field improvements were given the go ahead (with possible savings to come from. using the fencing from Gold Peak) as was the Dobson Locker project, which is predicted to add 20% more space to the current locker facility. 2 TEMNIS COURT REDUCTI0N Mike Orfiiz recommended that the Board use some of the $70,000 budgefed for a new clay court to fix up the four cour4s a4 Boo4h Fa11s. Two of 4hose cour4s are in relativeiy good shape. However the o4her tvvo are unusable at this point and will need to be repaired before play is possible. It may even be feasble to have two hard courts and 4wo clay courts a4 that facility eventualiy. Mike recommended that the Board go ahead with plans 4o fix up Booth Creek as soon as possible. Mike also discussed repairing cracks on the Lionshead courts as well as some general rnaintenance on the steps and surrounding area since we will have those courts per our lease wfth V.A. un4ii Oc4ober, 1998. The Board suggested tha4 staff explore the possibilify of refaining the Lionshead courts pas4 1998, since the hofels and residents in that area seem 4o use the courts frequentty. Tliey could also be put 4o good use by Bill Wright's 1'ennis camps. Brian and Mike will bring some very specific data and recommendations regarding Bi11 VVright's contrac4 to a subsequent " meeting, 4o be discussed during exectrtive session. GOLF BR{DGE SIGRfAGE Susanne spoke to Larry Grafel and found out that golf course bridge construction has been postponed until the week af September 4, 1995. The Departmen4 of Transportation allows up to 30 days to commence work on projects to vvhich i4 has granted money. Completion for the project is estimated for November 1, 1995. The = bridge will have rock work similar to tha4 of the International Bridge, ° with green railings and lamps. We can decide at the time of completion whaf signage will vuork best. Ken WiIson reminded the Board that Vail Valley Drive may be under construction at the . same time, causing delays at the onty alternative route to the golf course. Regardless, the Board agreed to delay a decision on the signage. MEN'S CLUB Piet Pieters submitted the foUowing as an FY! to the Board regarding the Men's Club Nlasters' Toumament: _ Instead of having the usuaf IV9en's Club Masfers evenf on September 5th and 6fh af the Vail Golf Ctub, Men's Club would tike fo offer a combined toumament involving the Breckenridge Golf Club. Our Men's Club will play af the Breckenridge course on Sepfember 5 while Breckenridge Men's Club play at our course on the same day. This will involve a swap of 8 fiee fimes between the Breckenridge Go/f Club and the Vail Golf Club. The Breckenridge players will pay $27:50 for green fees and a carf while the Vail players will pay the same amount at the Breckenridge Goif Club. The bottom line is fhaf 3 the Vail Go/f Club will receive $880 mor-e in revenue, since those fee fimes would have otherwise been taken by Men's Club rr?embe?s (pass holders). The second day of the foumament will be at each Men's Club's home course as scheduled in fhe Men's Club 1995 schedule. The Board saw no probiems with this, especially since the VRD " would realize a profit. Regarding the Trtleist Scramble, the Board asked Piet to discuss with the Men's Club having the event on Wednesday September 20th along with regular Men's and Lady's Club play instead of September 21. This would prevent the course from being used by pass holders and reduced cost players two days in a row since the Celtic Festival Tournament is on Friday September 22, which could attract play on Thursday as well. The Board recommended letting Club members decide whether they wanted to compete in the scramble or in regular club play. A$30 fee for the scramble will be paid by all participants, with Club members receiving one dozen complimentary Titleist golf balls. DAISY PALMER LETTER A request was submitted for four complimentary rounds of golf at the Vail Golf Club by the Daisy Palmer Memorial Golf Tournament organizers. In the past we have donated these tee times, however ° with the new donation policy, the Board declined the request. The sooner we get the word out, the sooner we can stem the flow of requests. FINANCIAL REPORT Brian pointed out that we are better than budget overall due to cancellation/postponement of capital projects, with the only real negative variance coming from golf revenue due to the inclement weather at the beginning of the season and the late opening. - _ , - - . - GOLF COURSE IMPROVEMENTS Ken Wilson asked that several improvements be made to the golf course in areas which are looking unfinished or unkempt right now. He also noted that golfers are in desperate need of water stations around the course. The Board requested that Brian speak with Ernie regarding these problems and that Emie be added to the next Board a'genda to discuss what improvements can be made and where. Hopefully between now and the next meeting, several of the improvements can be administered to. ~ EXECUTIVE SESSlON Hansen made a mofion to go into Execuutivve Sessian to discuss Execu4ive Direc4or recrui4men4. Davis seconded. Passed unanimously. Davis made a motion to go out of Execu4ive Session. VVilson seconded. Passed unanimously. ~ AD,SOURNNIENT Hansen made a mofion to adjourn 4he meeting . Molloy seconded. Passed unanimousty. The meefing was adjourned at 6:30 p.m. Gail Molloy, Secretary Lisa Campbell, Admin. Assistant vsd~8-9min.95 ~ MINUTES SPECIAL MEETING/1NORK SESSION VAIL PARK AND RECREATION DISTRICT d/b/a VAiL RECREATION DISTRICT August 24, 1995 Vail Recreation District Conference Room Called to Order 9:07 a.m. MEMBERS PRESENT Gail Molloy, Kir{c Hansen, Hermann Staufer, Ross Davis, Ken Wiison MEMBERS ABSENT None OTHERS PRESENT Brian Jones, Piet Pieters, Ann Foster ANNOUNCEMENT OF NEW EXECUTIVE DIRECTOR Staufer announced that the V.R.D. received approximately 150 applications for this position. One person continued to rise to the top - Piet Pieters. Davis made a motion to hire Pieters as Executive s Director. Molloy seconded. Passed unanimously. JULY FINANCIAL REPORT Brian Jones reported that Golf Operations are still down about $120;000 because of a delayed opening date this season. Golf Maintenance has a favorable variance, on the other hand and there _ was a cash infusion of $310,000 from VA so the numbers look good temporarily. $50,000 will be left over from the clay cou.rts conversion and several capital projects have been postponed so there is a healthy favorable variance of $360,000. _ Wilson suggested that Heber get information on other hockey camps and skating schools to see if their numbers are also lower this year than last and present this information to the Board. GOLF COURSE IMPROVEMENT . UPDATE AND #7 . SAFETY ISSUE The cartpath on #2 has a trench. It should absorb the water currently collecting on the cartpath and on other areas on #2. ( . I WiIson sugges4ed replacing the sfeps going up fo #3 in 1996. Emie said he would cap the stair treads. Emie also plans to pu4 a ramp be4vveen the 4vvo shorY 4ees on #3. He will be doing some work on #8 and some paving which will cut into the favorable variance reported at the beginning of 4his meeting. In back of #7 behind the boulder wall, Bender plans 4o plan4 a rock garden and some shrubs. Right now people walk up the boulder wall. , S4aufer suggested wri4ing a letfer 4o the owner ofi the deteriorated wall on the #7 tee asking if he would be willing 4o share the cost of putfing in Versa-lok blocks. Ron Byme manages the house. Davis offered fo talk fo the ovvner before a letter is sent. VViIson suggested fihat caps4one be installed at #7 to prevent anyone from falling backvvards. Staufer suggested that flower boxes be put on the little wall to bring attention to the wall so that the wall doesn'4 trip anyone. Bender agreed to add tha4 to his projects and vvill pu4 • out green s4akes and string in the meantime. #8's new tee box sides had to be reseeded. Once that is completed, the fronf tee will be renovated. Bender's capital project budget is depleted. The cartpath work will be worked on including a concrete -curb. . VViIson mentioned building steps to the forward 13th tee. Bender said thaf he plans to put flagstone in after Labor Day. lt was agreed that the #11 forward tee box needs a tumaround loop. The carts are being driven over places they shouldn't be. Davis would like to see another 20 4rees planted. Staufer suggested that the Board walk the course during the next Thursday moming _ meefing. Bender reported that tee cups and divot repair units are at all the par 3s. The Board thanked Jim Sanders and Emie Bender for their hard work and noted fhat the greens look nice. PULIS BRIDGE Jones menfioned that the Pulis Bridge projec4 has been postponed unfiil spring as no bids were submitted on this job. 7 VAIL VALLEY DR{VE This construction project wiii continue through mid-October. NRPA AWARD Jones announced that the 1995 Summer brochure received a national award from the NRPA. Wilson urged the Marketing Branch to publicize the receipt of this award with an article and a picture in the local papers.(This will be done after we actually receive the award in October, at which time we should have pictures of the award avaifable). EXECUTIVE SESSION Hansen made a motion to go into Executive Session to discuss personnel matters. Davis seconded. Passed unanimously. Davis made a motion to go out of Executive Session, Molloy seconded. Passed unanimously. ADJOURNMENT Molloy made a rriotion to adjourn, Wilson seconded. Passed unanimously. The meeting was adjourned at 11:15 a.m. Gail Mo11oy, Secretary Ann Foster, Execufive Assistant anNmin.doc 8 i ? MlNUTIES FtEGULAR MEETING B0,4RD OF DIRECTORS VAlL PARK AND RECRE4TIOR1 D{STRiCT d/b/a/ VAIL RECREATION DISTRICT Sep4ember 13, 9995 Vaii Tovun Council Chambers ~ Cailed fio Order 3:05 p.m. iViEM6ERS PRESENT Ross Davis, Gail Molloy, Hermann Staufer, Ken VViIson, Kirk Hansen MEfVlBERS ABSEiVT None OTHERS PRESEiVT Brian Jones, Piet Pieters, Ann Foster APPROVAL OF MINUTES Davis made a motion 4o approve the minu4es of the August 9, 1995 and August 24, 1995 Board meetings, Vllilson seconded. Passed unanimously. SALARY RANGES Brian Jones proposed reorganizing the receptionist/clerical/secretarial group at the Administrative Offices. He proposed expanding the finance posifion 4o provide supporfi 40 the Executive Director and to the Business Manager vvhile - eliminating a full-time position. Maintenance Worker I and II and iViaintenance Supervisor I and II are combined in 4his proposal. Davis made a mofiion fio approve 4his proposal, Wilson seconded. lfi passed unanimously. Jones reminded the Board that this is step ~ - one in the budget process. In step 2, during the next board meeting, merit increases vvill be proposed. MIEiVS GOLF CLUB Pieters presented A,spen's requesfi for a reciprocal ra4e during a Vail/Aspen golf tournament. Our Men's C{ub plays there free of charge and Drew Ekstrom wrote to the Board requesYing the same or a reduced rate when fhey play here in October. $35 wifl be full ra4e in Oc4ober. The Board agreed 4o give fhem a discoun4. They vvifl be asked to pay $27:50 induding cart. ~ i CELTIC FESTIVAL Hansen is on the Celtic Festival Special Events Committee. He requested a discount for the Festival on their use of Dobson ice Arena. Jim Heber stated that the hard cost of the two-day event is $2,500. Staufer recommended that the Festival guarantee the VRD $4,000 for two nights plus a percentage of the gross gate ticket sales up to a total of $6,300 (normal charge for 2 days), with a contingency that by September 18,a11 the required documents including the deposit, are in the possession of the Arena Manager. Davis, Wilson and Heber agreed that this would be a good way to handle the request. Wlson noted that if the Festival promoters go to ' the Town ofi Vail with a request for free use of Dobson, someone representing VRD should be there to remind the TOV that the Celtic Festival already received $10,000 promised to the VRD for the Memorial Day Kayak races. . OTHER BUSINESS Soccer- Ortiz recounted the history of the Bandoni camp relocation saying that approximate{y 20 who would have come to the VRD Soccer Camp went to that camp instead. Ortiz reserved VRD fields for Bandoni who canceled the reservation. Bandoni has told the . Vail Mountain Schooi that his camp was relocated because the VRD wouldn't accommodate him. Staufer requested that a letter be . written to Abuisi, Headmaster of the Vail Mountain School setting this matter straight. Hansen suggested that in the letter, Staufer reiterate that the VRD does a great deal to support youth soccer. TPnnis Court Fees - Jones reported to the Board, as a follow up, that the.se fees would be presented at the next Board meeting and let the Board know that Ortiz and Sanders had just returned from a Welch Tennis Court Maintenance Program. During his time in Florida, Ortiz learned that clay courts in Florida are $16 -$20 per 1 1/2 hrs. in high end resorts. Municipalities that he researched charge $4.50 per person for clay. _ - Tentative Assesssd Evaluations - Total value increased by 29% more than offsetting the reduction in the cesidential factor, so the mill levy will go down. Therefore the potential problem of a decrease in property tax collections is no longer a problem. EXECUTIVE SESSION Wilson made a motion to go into Executive Session to discuss contract negotiation. Molloy seconded. It passed unanimously. Hansen made a motion to go out of Executive Session, Davis seconded. It passed unanimously. ~ , . , ADJOURNfiAENT Fiansen made a mofion fo adjourn the meeting. Niolloy seconded. Passed unanimously. The meeting was adjoumed at 4:45 p.m. . Gail Molloy, Secretary Ann Foster, Exec. Admin. Assistan4 913min 1 Y MINUTES SPECIAL MEETINGNVORK SESSION BOARD OF DIRECTORS VAIL PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT September 28, 1995 Vail Recreation District Conference Room Called to Order at 8:00 a.m. MEMBERS PRESENT Gail Molloy, Ross Davis, Hermann Sfaufer, Ken Wilson, Kirk Hansen MEMBERS ABSENT None OTHERS PRESENT Brian Jones, Piet Pieters, Ann Foster CAPITAL PROJECTS Jones reviewed the Capital Project list. There was discussion . about updating the Youth Services facility. Molloy suggested computer games to attract the youth. Staufer remind.ed all that a taxpayer-funded activity should not compete with private enterprise. Hansen offered to help Henzler research computers for games. . A discussion about tennis courts and fixing up the hard courts ensued. Gold Peak resurfacing was bumped further down the . list. Pieters suggested that Bill Wright might use some of the other 55 courts in the Vail Valley in a contractual agreement. Staff will pursue this possibility. Davis suggested that the trees above the upper Booth Creek court be removed so that the VRD does not have to start from scratch to rebuild the tennis court there. Staufer agreed. Wilson suggested that the TOV be consulted on this idea. The Board is waiting for final numbers for a nearly new scissors lift for pobson Ice Arena and revised numbers on the Golf Maintenance building. J~. . t f a Merif Increases Jones and Pieters revievued stafPs proposal. Staff . recommends higher bonuses and lower salary increases. This approach is less expensive in the long run and results in less re4irement pay. 1Nilson and Staufer discussed the pros and cons of having weather (and therefore less golf revenue) affect the rating and bonus of an employee or the number of employees who receive pay for good performance. Pieters stated 4hat fihe cutbacks in the capital project list reflect tFie adjustment made to accommodate 4he lower golf course revenue. Davis suggested that the schedule be adopted. Staufer suggested thafi Jones and Pieters remain flexible and work with fhe numbers as we proceed with fees, charges, and capi4al projects. Fees and Charges Youth Senrices: Few changes were presented by Henzler. Camp prices are fihe same due 4o the nevu Lionshead focafion fewer facilities, and the probable inability 4o run Pre-Camp. Henzler geels that YS is charging as much as fhe market vvill bear. Davis suggested that the discounted and increased rates should apply proportionately to VRD taxpayers and non- - taxpayers alike. Henzler agreed to make tha4 consistent. Nature Center: Tom Gaylord stated that the fees and charges have changed very little from 1995's. The camp has gone from 5-day to 4-day and fihe weekly schedule has changed. He reported that he and Robin Henzler have discussed their respective youth programs and have designed programs fo compfement rather than compete with each other. School programs have increased and are very popular. - - - Gaylord discussed expanding several pcograms and creating new programs. Rather than increasing fees, his goal is to increase parkicipation. Staufer suggested that the Nature Center be used in winter programs. Gaylord said he'd like 40 do that w+th groups. Davis recommended a regular Seniors Hike or Snowshoe and a regularly scheduled Ladies program, etc. Gaylord is already involved with the Over the Hill Group and has regular programs for them. Dobson Ice Arena: The fees were approved in July. Heber asked if the Boar.d feels differently abouf fihe fees. Staufer . ` asked Heber for his suggestions. Heber pointed out that Youth Hockey ice time is more expensive in other rinks in Colorado than it is here. Hansen and Wilson asked him to call and record other rinks' fees and said that they wouldn't be opposed to raising fees. Davis encouraged Heber to look into the figure skating program to see if any changes should be made. Rental rates for the arena for a special event is at a maximum. With more seats we could ask $5,000 per day. Wilson suggested that this might be a good time to revisit the contract giving the TOV 30 days of free use of Dobson. Wilson said he had seen for-profit groups come before the TOV asking for free days. So far the Ski Club of Vail has 3 days, the Town of Vail has one day for their Christmas party and Worldwide Church of God has 12 days reserved each year. The Church of God's contract is up for renewal and needs some fine tuning in Heber's opinion. Sports and Tennis: Ortiz reported increasing competition in summer youth sports camps. In adult sports, Ortiz wants to change the fee charged for the Hillclimb to $15 which is the fee for the other two races. Davis said he feels that tennis rates should change. It was decided that a$150 clay court pass with a$25 resident discount and a$50 hard court pass would be more appropriate. Staufer suggested eliminating the .Family Pass. Group reratal rates were also eliminated. Youth Flag Football will not be held in 1996 as numbers were too low. - - - The discussion continued about renting our facilities to groups who ruii camps vs putting on our own camps. Golf: Pieters is concerned that some passholders are paying $14 per round of golf and guests are paying $65. Pieters feels that a higher pass rate is easier to administer than a. punch card. The average passholder plays 35 rounds per season. Punching a card only during the high season is a choice that most agreed would work administratively. Staufer suggested that the resident/taxpayer get an ID card and pay the required amount when he/she checks in since every golfer 7 . , has to check in to play anywray. The Board asked Pie4ers to come up Nvith a preferred sysfem for 4heir review. It was genera4ly agreed 4o raise green fees by $5, restricted residenf pass to $600 and offer a$250 punch pass for restricted - residents - good for 10 rounds of go1f. Fees vvill be finalized and officially approved at a subsequent meeting. F1iVANCiAL VARIANCE REPORT Jones reporfied thafi generally, the VRD is doing better fhan budgeted. VVith the pos4ponemenf of certain capital projects the deficit in golf has been more than off-set for 1995. 1996 fViILL LEVY Jones said he assumes the Board wan4s him to go with the Amendmen4 #1 limit. He 4old 4hem 4hat we will gef one more final assessed evaluation. VViIson asked Pieters to study the possibility of de-Brucing in the May election. Paifi of the study should include fnding out how difficult it would be to de-Bruce in this community. Jones sfiated that De-Brucing will afso hinge upon the Enterprise elimination issue on the Nov. ballo4 NIERIT I(VCREASES Davis made a motion 4o approve the merifi increase schedule as proposed by staff. Hansen seconded. Passed unanimousfy. ADJOURNMENT V1/ilson made a motion 4o adjourn the meeting, Davis seconded. Passed unanimously.. The meeting was adjourned at 10:55 a.m. Gail Molloy, Secretary Ann Fos4er, Exec. Admin. Assistant - - anri/min928 U• 1 ' MIAIUTES BUDGET HEARINGS/BOARD MEETING VAIL PARK AND RECREATION DISTRICT . d/b/a VAIL RECREATION DISTRICT October 26 and 27, 1995 Vail Recreation District Conference Room Thursday, October 26: Called to Order at 1:00 MEMBERS Hermann Staufer, Ken Wilson, Ross Davis, Kirk Hansen PRESENT ~ EXCUSED ABSENCES Gail Molloy OTHERS PRESENT Piet Pieters, Brian Jones z. BUDGET HEARINGS: The Board heard from the following branches: Youth Services Administration/Operations Sports/Tennis • Dobson Ice Arena ADJOURNMENT Davis made a motion to adjourn the meeting, Wilson seconded. The meeting was adjourned at 5:00 p.m. OAL Gail Molloy, Secretary Ann Foster, Exec. Admin. Assistant I 1 ! OVI'NUTE3 RECl1lAFt NIEETING BOARD OF DiRECTORS !lAfL PAR6C AND RECREATIOIV DISTRlCT ' dibla VA9L RECREATIOIV DISTRICT Novernber 8, 1995 !/ail T'own Counci{ Chambers C~~led tO OPdeP a4 3:00 p.YYI. MEMBERS PRESENT: Gail Molloy, 6Cirk Hansen, Flermann Staufer, Ross Davis, fCen Vlrilson MEMBERS ABSENT: Rlone OTFiERS - ~ pRESENT: Piet Pieters, Brian Jones, P?nn Foster PUBLlC INPIJT: E.B. Chester, who is running for Vai! Town Council, gave his viewrs and expressed an interest, if elected, in working closely with the VRD APF'ROVAL OF MINl1TES: Davis ?nade a motion 4o approve the nninutes of the September 13 and 28, 1995 meetings and the October 26 and 27, 1995 meetings. Hansen seconded. Passed unanimously. OFFICIAL BUDGET • REllElif AND HEAR6NG: Piefiers summarized the proposed 9996 budget. Coileen McCarthy of 4he public asked why user fees are up in goif and fennis. Pietees expiained that capital improvements on the gotf course will cost approximately $600,000, most residenfi passholders pay approximately $13 per round, and fees have not gone up in several. years. In response to McCarthy's quesfions, F'ieters and Jones stated that 4he projected bottom iine for 9995 is a deficit of $174,226 because many capi4ai projecfs are being moved to 1996. She asked fhat 4he Board consider not raising user fees. VA SR901lMOB{LE R4CE: Cindy Clemen4 presenfed the plan for a Nov. 28 - Dec. 2 snowmobi{e ~ ~ race. The participants-are lndy car sponsors, drivers, mechanics, and owners. The race will be a closed course, stopwatch competition and they need a course that is 50 - 60 feet wide. There will be 25 - 35 participants. Arctic Cat is the sponsor. Wiison and Pieters suggested the driving range. VA wi11 pack and groom the - course, Clement said. She afso agreed to repair any damage to the area. Arctic Cat will manage crowd control and safety of spectators as per Hansen's request. VAfL JUNIOR HOCKEY REQUEST: The Vail Junior Hockey toumament requested auction prizes from the VRD. Wilson made a motion to deny the request noting that the VRD already gives Vail Junior Hockey discounted ice time, Davis seconded based upon the VRD donation policy and the similarity of this request to the Daisy Palmer toumament request that had to be denied. Passed unanimously. EAGLE MEDALLION . . ~ PROGRAM: Pieters explained the two proposals made to the Vaif Va11ey Foundation by. the VRD. One continues the use of 3 Eagle Medallions, the other does not. Gamsey confirmed to Pieters that the WF would donate $5,000 to Youth Services in 1996. Davis made a motion to adopt the proposal allowing the VRD use of 3 , medallions Mofloy seconded. Passed unanimously. PUBLIC INPUT: McCarthy objected for the record to the use of Eagle Medallions by VRD board members. • ADJOUf2NMENT: Davis made a motion to adjoum, Wlson seconded. Passed unanimously. Meeting was adjoumed at 4:05 p.m. Gail Molloy, Secretary Ann Foster, Exec. Admin. Assistant ANrd/min118 ~ e ( ee e4 'VA TOWN OF ~AIL 75 South Frontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MEDBA AD!/SSORY April 3, 1996 Contact: Suzanne Silver4horn, 479-2115 Community.lnformation Office . VAIL TOWN COIDNCIL H9GHLIGF@TS FOR APRIL 2 Woe9c Sessuon Brfiefs - Councif inembers present: Armour, Foley, Jewett, Johnston, Kurz, Navas --Discussion of Contribution Requests The Council reviewed last year's application packet for contribution requests from outside agencies in preparation for the 1997 budget. The town has previously considered requests in four categories: marketing, cultural services, regional governmental issues related to Vail municipal senrices, and health and human services. However, last year, because of 15 new requests in fihe health and human services category, the Co,uncil backed away from this type of funding in order to fund a stated goal of encouraging the community's economic viability. Council members . yesterday stopped short of eliminating the health and human services category from future consideration. Instead, the issue will be discussed again once additional information is known regarding the possibility of a United Way presence in Eagle County. The Council has until July to determine criteria for 1997 contribution requests. For more information, contact Assistant Town Manager Pam Brandmeyer at 479-2113. --Discussion of Special Events Banners The Council reviewed the town's regulations for special events licensing and agreed the provisions do allow latitude for producing a more "festive" environment in Vail . \/iltage and Lionshead. Several council members had heard complaints that the town's regulations restricted the ability to hang pennants and other materials throughout town. However, the Council learned the only restrictions in place are those which prohibit endorsement of a product or service. Council member Sybill Navas said she'd like to duplicate the festive atmosphere found in Larimer Square by installing decorative pennants through the commercial core. She said the Special Events Commission mighfi be able to facilitate 4he effort by purchasing hardware for the pennants. Council member Paul Johnston said he'd like to see a pilot test of banners along a portion of Hansen Ranch Road to create a festive atmosphere and to discourage 4ruck parking in selected areas. (more) RECYCLED PAPER 1 ~ Council Highlights/Add 1 --Vail Tomorrow The Council received an update on a proposal for a grassroots process to create a community strategic plan. With the Town of Vail-Vail Associates Community Task Force as the catalyst, discussions have focused on that group's desire to ask the community (business members, residents, employees, second homeowners, etc. ) to become involved in development of an action plan to enhance Vail's community and economic viability. Council members reacted favorably to the concept and stressed the importance of grassroots support and participation. tf the project proceeds, Town Manager Bob McLaurin said money would be raised from within the community to pay for the effort. Ludwig Kurz suggested the effort focus on the "renewal" of Vail for the next 30 years. George Knox, a Vail businessman, cautioned the Council not to ' , overlook some short-term needs, such as reviewing the town's paid parking policies and addressing accessibility issues along I-70 (Dowd Junction, Vail Pass), while Dick Neal, a Vail business management consultant, suggested re-evaluating the techniques used a few years ago during the Eagle Valley Forum discussions. Neal said the effort did some wonderful things, but eventually fizzled. Also attending yesterday's meeting was Avon Councilman Richard Carnes. Carnes asked for consideration of a valleywide approach to the strategic plan rather than limit the effort to within Vail's boundaries. Members of the Vail Community Task Force will continue its discussions on the topic at its next meeting on April B. The Task Force, with representation from merchants, lodge owners, restaurateurs and others, was created to implement provisions of the managed growth agreement between the towri and Vail Associates. Community action plan . discussions have been an outgrowth of the group's peak/ non-peak strategies. For more information, contact Town Manager Bob McLaurin at 479-2105. ' --Information Update Public Works/Transportation Director Larry Grafel presented an overview of the construction work at Vail Commons. He said two access points to the construction area will be utilized off the Frontage Road. There will be no access off Chamonix Road. The bike path along the Frontage Road will remain open during construction. However, if the path becomes congested, Grafel said the contractor is required to use flaggers to control traffic. Also, Grafel said a six feet tall chain link construction fence at the north and west corner of the.property had been vandalized at the site and is undergoing - repair. Town *Manager Bob McLaurin said more than 320 applications for the Vail Commons housing lottery had been picked up. It was also noted the Pulis/golf course bridge had been closed on Tuesday for Public Service Co. preliminary utilities work in preparation for the bridge widening project which will begin April 8. The Council work sessions on April 23 and 30th were canceled. --Council Reports Sybill Navas received support from the remainder of the Council to work with the Vail Valley Exchange in endorsing a sister relationship between Eagle County and Mt. Buller, Australia to facilitate the processing of visas until the relationship is finalized. (more) Council Highlights/Add 2 Navas also at4ended a meeting of the Northwest Colorado Council of Governments and previewed a regional water management plan wrhich will be presented to the Council at its April 9 work session. Paul Johnston said he had visited with a prospective buyer for the Berry Creek Fifth Filing property in Edwards. He said the Eagle County Recreation Board may receive an offer to purchase the property from this individual. The 254h annual Great IRace in Lionshead will be held April 17. Bob Armour said he and Ludwig Kurz attended the annual construction kick-off event. Armour and Kurz also represented the town at a dinner with an Austrian delegation, sponsored by Vail Associafies. - fn attending the annual construction kick-off, Ludwig Kurz said several contrac4ors told him the town must live by the same rules as what's imposed on the contractors. . . --Other Sybill Navas suggested the town review the aesthetics of the railing at the Bald Mountain Road underpass. Evening Sessaoav Braefs Council members present: Armour, Foley, Jewett, Kurz, Navas --Citizen Participation Rod Goebel, owner of Colorado Carriage Company, addressed the Council 4o express his concerns about the town's decision to reduce the number of contracts from two to one for carriage services in Vail Uillage and Lionshead. Responses to the town's request for proposals are due Ntay 1. Goebel said he intended to submit a proposal 40 continue his services in !/ail, although he disagreed writh the town's decision to provide an exclusive contract for a single carriage operator. Tovvn Manager Bob McLaurin has indicated the single confiract is needed due to numerous problems and administration and management of the two contracts. Niichael Jewett stood behind the podium and addressed his fellow Council members in delivering a message from the Common Sense for the Commons Committee, Effective ii/londay (4-1), Jewett said he accepted the rote of managing the Common Sense for the Commons Committee. He said the group would continue to solicit funds for a law suifi to challenge the legality of the Vail Commons development and bring it to a halt. --Consent Agenda The Council voted 5-0 on the consent agenda to approve: minutes for the meetings of March 5 and 19, plus second reading of an ordinance which would set March 31 as the annual date to appoint Planning and Environmental (PEC), Design Review Board (more) Council Highlights/Add 3 (DRB) and Art in Public Places (AIPP) board members, and to increase membership,of this latter board from eight to 11. --Take Our Daughters to Work Day Next, a mayor's proclamation was read in recognition of the fourth annual Take Our Daughters to Work Day on April 26. --Certificates of Appreciation The Council recognized outgoing members of various boards and commissions for their contributions to the town. Those recognized included: Jen Wright of the Housing Authority; Nancy Rondeau, Art in Public Places; Jeff Bowen, Dalton Williams and Bob . Armour, Planning & Environmental Commission; and Hans Woldrich and Bob Borne, Design Review Board. --Plumbing and Electric Codes The Council voted 5-0 to approve on first reading an ordinance to update the town's plumbing and electric codes to comply with state standards. --Rezoning of Vail Associates Property in Lionshead The Council voted 5-0 to approve on first reading an ordinance to rezone a portion of land owned by Vail Associates from Natural Area Preservation District to Agriculture. Open Space. The land had inadvertently been listed as town-owned land when it and 66 other open space properties were rezoned last fall. However, due to a notification 'error, town staff has asked the Council to return the parcel to its original zoning ` classification. Final approval of the rezoning will allow Vail Associates to continue with plans to place a tower to support a new gondola on the parcel. The ordinance comes up for second reading on April 16. For additional details, contact Russell Forrest in the Community Development Department at 479-2146. --Sign Code and Design Review Modifications ' The Council voted 5-0 to approve second reading of an ordinance amending both the Sign Code and Design Review guidelines to help expedite the development review process for items of minimal complexity. For example, the changes allow for staff approval of rriinor commercial facade changes rather than taking the request to the Design Review Board (DRB) for consideration. Also, town staff will assume review and approval authority over all requests for new signs, using the same criteria now used by the DRB. The changes have no impact on DRB's authority to call up a staff decision. For more information, contact Randy Stouder in the Community Development Department at 479-2150. --Cornice Building Employee Housing Unit At the request of the applicant, second reading of the ordinance was tabled to the May 7 meeting. (more) 0 Council Highlights/Add 4 --Town Manager's Report In his 4own manager's report, Bob NicLaurin received authorization from the Town Council to negotiate with a contractor for construction of "phase two" of the Dowd Junction bike path. As recommended, phase two will involve construction of a 14 foot vvide platform through the section to provide the foundation for the bike path itself. iVlcLaurin said the platform will make the final project (asphalt, drainage improvements, landscaping, signs, etc.) easier to build and will remove many of the unknowns and rislc from the final bid. Once the platform is installed, McLaurin said, fhe final phase would be bid, vvith the project possibly finished by fall. Funding commitments for the project include: $303,000 from CDOT federal enhancement funds; $19,000 federal land and wa4er conservation funds; $70,000 state GOCO funds; $100,000 Eagle County general fiund; and $1,000 donation from Eagle County Cycling Coalition. NlcLaurin said the town's funding to this point has been $250,00. Another $250,000 has been allocated in the 1996 Real Estate Transfer Tax budget. Any shortfalls, he said, will hopefully come from the Eagle County Transportation Authority bike path fiunds. Also, McLaurin said the Colorado Departmenfi of Transporta4ion will soon begin construction of a new chain-up area on I-70 eastbound adjacent to the Vail Golf Course. He said the Vail Recreation District has no objections to the site. Also, the Colorado Department of Health has indicated the site would not pose a health problem fior East Vail residents, he said. Construction will begin this spring. The improvemenfis would widen the shoulder to approximately 11 feet wide for one-half mile. While McLaurin admitted the solution won't please everyone, he said there isn't much choice -if we want 4he truckers to chain-up. McLaurin said the trucks need to be as close to 4he foot of the pass as possible, so,as not to damage the interstate or their chains. The golf course area is the most suitable location, he said, because it is farthest away from homes in the neighborhood. The golf course site will be one of three chain-up areas, he said. Another will be in the narrows at mile marker 184 and another will be located far4her up the pass eastbound. For more information, contact McLaurin at 479-2105. UPCOMING DSSCUSSBON T0P9CS - - ;4pril 9 Work Session - PEC/DRB Revievv 208 VVater Plan Amplified Sound Discussion Amendment to the Cornice Building Employee Housing Requirements April 16 Pay in Lieu Parking Discussion April 16 Evening Meeting Discussion of proposed CDOT I-70 Chain Station (more) r Council Highlights/Add 5 Second Reading, Ordinance Plumbing & Electric Code Second Reading, Ordinance Rezoning Amendment April 23 Work Session Meeting is Canceled . April 30 Work Session Meeting is Canceled z~~ j•/~'~~ ~ . ~ 'i.~ ~ . . .~1• ~{~7 ,~l_:.~~ 'i'-ti : - :j,..~~~: 1J:~,;'. ' ~F'~~~:,,., !C~'rttit`''.:V.!~~a:f~. l1•:' . •J77,•-, ! . : ~~.1:. •~'Y •`6. 4 ' '~`i. ''',l~~l.' ::~~'~.:r'1~::_.' .~F~~'.•. . U,~Y~•,~.~.~~~•.: Ai . - ;~i. . ~l,.a'i.'::.:'.'.• vr.:.i-.''.,,: .~k. "~j-'.~"- ' :v. ?/`'`.T~t'"i;,'.".`:'•.t~ _5~;•~ ..;./..:i~. '~~~~+i~ ~ . - ?I'•~- L:o:,:) .rti,....._:;.-:. . . : ci:: - - :r' `~1` : _ =l.i~ . . ~.V;~ •^~`~ti'~~. C ' , 4~ ~,;~t's:•`°,:.~'` : i' ' - - - .J ~ _ : r~ ~•J. - - f .i,. - - . ' r; i> • - I ~r ~ - - ~.l . ~ . ~ - .~j~' ,~Ff.'~• 3..--i' - . ~ .~4.• ' _ ' t ..s.,:....._,.t~ . ~ . ~ :'~ti • - . if' - ~ •:L`.~ " . ' . . ~ _ ~ _ , . . ~ : . _ ' . . ':r ~...;~.::.':i: ~ ' ' " •'1: ~ ' ~ ' . . i ~ , .i..:...~~t_ _ • . ~ . • - ~ ' _ . - - ~ ~ - , . _ _ - . ' . . . . ~ _ . . . . Q:c~,{ ~ . : . `i~e.a:,~~ _ . - , . . ' . . . . . .~i~ .W V W ' .~.V ? ~t V-~~.'~',,.~ .`~y .'N a, . . : . . . . . . ~ # . 4 .J s FLOOD STAGE Colotl bado Watetl Conservation Boaed Winter 1996 MITIGATION IS CONTjNUING URREIVT ISSUE IN COLORADO IIV IIVIPLEMEIVTIIVG FLO D HAZARD At its January 1996 meeting, the conveyance, sediment deposit, MITIGATIOIV Colorado Water Conservation Board vegetative management, reservoir approved requests from staff to include operations, and riparian removal and pver the past five years, the CWCB has funding for flood hazard n-dtigation plantings. recognized several recurrent issues activities in next year's Construction regarding the implementation of flood Fund Appmpriation's Bill (beginning These activities aze the first major flood hazard mitigation activities. July 1,1996). hazard n-dtigation endeavors which will (when approved) receive First, a community usually has to = Those activities include the significant state contributions ($50,000 . experience flooding problems before development of 1) the South Platte and $150,000, respectively). They are n-dtigation activities aze undertaken. River Multi-0bjective Management in agreement with DNR Executive Though it would be nice to uutiate (MOM) Study, and 2) the Arkansas Director Jim Lochhead's commitment , these activiHes absent catastrophic River Channel Restoration Study. Both to supporting multi-objective events, it usually just doesn't happen. studies are flood hazard mitigation management of Colorado's river planning efforts which will be financed corridors. Ilirector Lochhead's office is Second, initial coordination meetings jointly by local, state and federal currently involved in a MOM effort on followed by planning meetings are government. These activities evolved the Yampa River in northwest essential to 1) defining the problem, following the 1995 flood events on both Colorado. and 2) formulating actions to mitigate rivers. flood pmblems. Ultimately, this In addirion to the aforementioned agreement by local elected . - - The South Platte MO1VI`Study will study efforts, the CWCB is assisting the offiaals that their staffs be involved in . develop n-dtigation strategies which, following communities with current niitigation activities. when implemented, will reduce fuhue flood hazard n-dtigation activities: flood damages along the South Platte Georgetown, Frisco, Basalt and Aspen. Thud, once coordination and planning River from the Weld/Adams County Following the 1996 spring flood season, efforts are completed, one or two local line to the Colorado/Nebraska the CWCB expects increased staff persons have to step forwazd and stateline. involvement with communities on be willing to see the mitigation mitigation projects and multi-objective activities through to completion. The Arkansas River Channel management ventures. The CWCB's Restoration Study will investigate and DNR's efforts are designed to be in At the FEMA Region VIII Mitigation problems related to recent flooding and harmony with the provisions and Workshop on March 12-14,1996, identify and evaluate potential guidance set forth in the 1994 NFIP CWCB staff will further discuss its solutions to address channel Reform Act. experience with these issues. f . ~ QUESTIONS AND ANSWERS -any of the Flood Stage development requirements. determination companies ' I . „ readers are local The basis for determining provide flood hazard 1 t floodplain administrators. substantial damage is the ratio of the information to lenders. ( _In providing assistance to cost of repairing the structure to its These third parties v local governments, CWCB staff are before damaged condiHon to the may complete the asked a myriad of questions about the market value of the structure prior to form for the lender or administration of the National Flood the damage. The responsibility for the lender may use the 1 Insurance Program. In this issue, we making the determination whether a information provided by attempt to answer and/or clarify some structure is substantially damaged. the third party to of the often-asked question/topics/ rests ultimately with the permit offiaal complete the form. The ~ issues as follows: to assure that market value estimates accuracy of third party information and repair costs are reasonably must be guaranteed by the third party. accurate. The FEMA publication, Use of the form will help insure SUBSTANTIAL DAMAGE Answers to Ouestion About that required flood insurance is Many buildings may incur Substantially Damaged Buildings, purchased and will standardize the considerable damage during a major FEMA-213/May 1991, provides collection of information required by flood event and their owners are valuable information on how to law, while replacing a number of anxious to get them repaired. Be sure determine market values and what are previously used forms. It is expected to checlc whether the structure is in a acceptable estimates of cost of repair. that completion of the form, along with special flooci hazard area Single copies may be obtained free other recent requirements for lenders ~ before issuin hom: Federal Emergency will result in more flood insurance - , a building g Management Agency, Region VIII, being purchased and maintained. pernut The Telephone (303) 235-4830. Ea Eg IIIHI National Flood Insurance COLLECTING AS-BUILT Program FLOOD HAZARD LOWEST FLOOR ELEVATIONS „ ~M Eg Eg regulations DETERMINATION FORMS Community officials need to define Beginning January 2,1996, ensure they aze collecting the As-built "substantial lenders, such as banks, savings and Certified Lowest Floor Elevations on ` L L JJ damage" as loans, and credit unions, must those structures built within Special being "damage complete a new form when providing Flood Hazard Areas. Proposed , of any origin a mortgage on any improved real elevations aze not acceptable under L-`- sustained by a estate or rnobile home. The NFIP regulations. Even structure whereby the Standard Flood proposed elevations, where cost of restoring the structure to its Hazard the developer's engineer before damaged condition would Determination certifies that the structure will equal or exceed 50 percent of the Form is used for ~ be built to the proposed market value of the structure before determining elevation is not suffiaent. - the damage occurred." All- structures whether the These as-built elevations are . that are substantially damaged are structure is located important because flood insurance regarded as substantial improvements within a special premiums for structiues built after the when it comes to their repair, flood hazard area, if date of the communit}'s first FIRM aze regardless of the cost of the actual flood insurance is determined by comparing the repair work performed. In other required and if federal flood insurance structure's lowest floor elevation with words, if the cost necessary to fully is available. The lender is ultimately the base flood elevation for the area. repair the structure to its before responsible for the deternunation of damaged condition is equal to or whether a building or mobile home is greater :han 50 percent of the in the special flood hazard area and PRELIMINARY VERSUS structure's market value before whether flood insurance is required. EFFECTIVE FLOOD damages, then the structure must be However, a third party may be used to INSURANCE RATE MAPS elevated (or floodproofed if allowable) acquire the information. In many Loca] officials must understand to or above the level of the base (100- areas, community officials, surveyors, the difference between the Preliminary year) flood and meet other floodplain appraisers, realtors and map and the Effective FIRM concerning e ` flood insurance. For floodplain MIDWEST LEVEE IZEVIEW FINALIZED y , management purposes the Preliminary FIRM often constitutes the best The 1995 flooding along the about 1 million acres, averting $7.4 available information. Therefore for South Platte River did have one thing billion in damage. The overtoppings structures being built in SFHAs, in common with the 1993 Midwest and failure of the 36 other levees community officiaLs can use the floods - levees. Many agricultural accounted for about $450 million in Preliminary FIRM to decide whether a levees in Colorado's rural counties damage. structure must be elevated and if so, to were destroyed or received significant Computer simulations of the 1993 what elevation. Officials, however, damage. flood estimated that the nearby Corps must keep in mind that the insurance After the disastrous 1993 floods levees increased the flood crest at St. premiums for that structure will be in the Midwest, Congress asked the Louis by up to 2.7 feet and by up to 7.3 determined using the Effective FIRM U.S. General Accounting Office to feet at other locations. The Corps only. Until the Preliminary is conduct a review of the federal levees emphasized to GAO that the net effect published as Effective, it holds no involved in the flood to deternline the of the levees, reservoirs, and navigation bearing on either the need to extent to which they increased flaod structures in the upper Mississippi purchase, or the cost of, flood heights, prevented flooding, and River basin is to mduce flood levels and insurance. reduced or contributed to the damage. damage. The GAO found no The GAO found that, in general, consensus among researchers, . U.S. Army Corps of Engineers levees however, on the long-term effects of the REFERE~~~ ~~~ELS FOR AO performed well. Of the 1$1 levees for structures on flood levels. FLOOD gONES which data were available,145 o The CWCB is curnendy Another flood zone which can performed up to their design capaaty working with landowners and local give community officials trouble is the and prevented flooding, 32 met their officiaLs in five munties to finalize the AO Flood Zone. AO Zones are those design capacity until they were South Platte River Multi-0bjective areas of shallow sheet-flow flooding overtopped, and 4 allowed the entrance Management Plan. Levee degradation with depths of 1, 2, or 3 feet. of water before overtopping. Many and restoration will be a part of this Community officials are required levees withstood flows that exceeded plan. to use the highest existing grade, their design capaaty, and the levees o Single mpies of Midwest Flood: (before any grading is performed), were able to withstand saturation far Information on the Perforrnance, Erfects, adjacent to the perimeter of the longer than the 1 to 2 weeks and Control of Levees, GAO/RCED-95, proposed structure as the reference contemplated in their design. are available from U.S. General level. The depth number of the AO According to the Corps,157 of the 193 Accounting Office, P.O. Box 6015, Zone, (either 1, 2, or 3 feet) is then Corps levees in the areas affected by Gaithersburg, MD 20884-6015, (202) added to the reference level to the 1993 flood prevented flooding of 512-6000; fax (303) 258-4066. deternune the BFE level. Many officials incorrectly use the elevation of the top of the street curb in front of the site-of-construction as the reference level. This has resulted in a number of construction violations 6; among NFII' participating February 15,1996: CASFM Flood May 13-14,1996: CWCB Regular communities and expensive flood Committee Meeting. At Urban Meeting in location to be announced. insurance for homeowners. Dra'vnage and Flood Coritrol District. Contact Vickie Ta at 303-866-3441. - Contact Brian Hyde at 303-866-3441. June 10-14: Coast To Coast; 20 Years of 1VTarch 13-14,1996: CWCB Regular Pmgress, San Diego, CA. Twentieth Meeting in Denver. Contact V'ickie Ta at Annual Conference of the Association Coloeado UVatee 303-866-3441. of State Floodplain Managers. Contact Conservcrtion Board 608-274-0123. 1313 Sherman Rm. 721 March 18-22,1996: Managing Denver, Co 80203 (303) 866-3441 FloodPlain DeveloPment. EmergencY SePtember 18-20: Colorado Association Management Institute at Emmitsbuig, of Stormwater and Floodplain Mark D.1vTatulik, Editor MD. Contact EMI at 800-238-3558. Managers 1996 Conference,'"Thinking This NFTP Community Assistance Outside The Box...Expand Your Product was supported by the Federal May 6-10,1996: Retrofitting Floodprone Horizons", Cascade Hotel, Vail, CO. Emergency Management Agency Residential Buildings. Emergency Contact Brian Hyde at 303-866-3441. (FEMA). The contents do not Management Institute at Emmitsburg, necessarily reflect the views of the MD. Contact EMI at 804-238-3558. grantor agency. ~ ~ ~ J Coloracio Water Conservotion Board sulk xate _ - 1313 Sherman -Rm._ 721 - U.S. Postage ' " Denver, Co 80203 Paid ~ o Denver, CO 80203 Permit No. 738 Rodney Slifer xC. Mayor 75 So. ntage Ro ~ ~0 8,65~ g ECEiVkD APR Z IN &`kll A: t.,.,....... . ~ • ~ Min Coun4y Department af Haalth & Human SeMces ~ 0405 Castle Creek Rd., Suite 7 Aspgn, Colorado 81611 ^ - . ' : ; ~ P ? ~ ~ ~ ~ . -,~F v~/ n ~I_~k,~A \'ki.~„4+,.'~• ~ b ~ , . p . - ~1-~^_*--~s-"~ .~..,~-T~~ ,~p~ ~ • Vail Town Council ;fs ~~~~~~y lEountaQn Communflfl(n 75 South Frontage Road flBegWunaIl Hun~~n-n gervkes Mecetiwg va>>, co 81657 - ~ May 8. 1996 . ~ 9 a.m. -1:00 p,rn. (/urrch irrc/uded) RECEIVED ,4PR 9 ~ Schuita Health & 0-duman Services BuiBdireg ~ ~d . _ . - Agenda: Agency lJpdates ~ - Q~ Healtliy Community Indicators Presentation (guest speaker) ` Nleasuring Human Impaccs of Growth 8z Development ~ Next Sceps i ~ P/crisc; RSVPIo Nttzr_nr_Kvi-n,:t! f.9_70 920-523 ~ ~ ~ - G~~'~' Ow~ a v , 4 FSLtr`."-~ Z:? 'r~ 1 AnaWa0anche of mueo9 Lenado may'Hook quOet9: k9z,not9 3-A . y,@_ VP~:_ IRECEIVEO APR. 9 ; 4 yR ~ ~ i i : r Y I?~l';rl~~~ h~fll~I rlu! Iil I I~.: a Vol. 117 ° No. 13 ° March 30 mid 31, 1996 ° 25 Cents ~ ~ys .N"••,~y~ ~ a f~ li: ~Yi~ ~ ~~r~ • . ' ' • . T OU~~ Many ho l$sa r~ w • y~,~ M~' ' ~ . ~ ~ A few ~d R'H be 000 'd r ~,"v'~ i.~ ~ 1, • 5 S : ~ m x " N~ ~ ~ R,~ . f, . <L;a~: " ~ . 1 u',~t.f.: ' F . . . . : . ' ' ~ . By Janet Urquhart :_Aspen Times Sto/f Writer oing business in Aspen has bcen a struggle ever smce entrepreneur H.P. Cowenhoven and his .young,.clerk,~Dav"tdaR,C.~Browii,fheadeA:to;a: new'inining camp on the Roaring Fork Rivcr back in 1880 wi[h two wagonloads of goods and dollar : signs in their eyes. ' Their'mute over Taylor Pass from Bucna Vista was so steep; they had to disassemble the wagons for the desccnt, ,.,lowering,the whole works dowq the mountainside with '-"'ropesand'vrinches, sometimes ailvancmg'onlya few hun- dred yards a day. 'llicy arrived in camp on kdy 21, 1880. Thc next morn- Cowenhovcii hought a corncr lot for $75 and built tlic lirst gencral store in Aspcn. FI.P. Co~~~enhoven ~F Ca nius- pered, .md four ye:uti I.ucr its tax asscssmcnt jumped irom $5,000 to $20,000. On Sunclay, lhe Utc City Banquc Rctit.unant anJ I3ar will close its doors in the H.P. Cvwcnlwvcn building at Uic cor- . . ` . ner of Hyman Avenue vid Galcna Strect. Its rnvncrs blamc an untenable ttuc hike for driving tliem out. Mert:hants have bcen crying foul over stratosrheric lax hikes in Aspen for mos thwi a century. But taiay, with a rumor mill that churns oul new reports of store closings almost daily arid multiple going-out-of-business sales 13 continued on page 12-A Photos by Devon Meyers. 4. w, ' T ' •Y f . 4k~ , ~ ~ t i fiy 'r. ~ ~~'~T'~ W , .4 P F~ . ~ t~ ~,~'h;'. a ~Y+r,+'• ~ y;~ 5 ~ ~ Jr~,.. ~ ~ ~4 ~ ~fi 4• Z1 . . . . • a ~ ' . ' . . Y ~ 1 ~ 1 ' *1r . ~ ~ . ~9. ~ ` ~.a q~° p e f ~~'•j,~ yk 7'''• 2 f%i*§'Y ":.y~j ~~y~'u. ~ p~-~ ~.2~ ~ (a.~,~;r','~`b \ 12•A TneAspen Times ~ SoturdQySunday, March 30~31,1996 ~~e 1%fZ`R"odeT StoTy E] continued from page 1-.4 ference and thaCs a damn shame;' said Biq pair of glasses in designer to confirm the scuttlebutt, Aspen's retail McDonough, owner of McDonough's. frames than a shop he soout establishment may be under siege as never The first shock waves have already cap- ed out in Hutchinson, Kan. before. sized the Ute City Banque "I find I can't pass on a lot The battle lines are and the Barney Wyckoff of my costs to my consumers drawn in red ink; the Gallery. The Ute is clos- because of that perception," ene.my has many faces ing afrer 24 years in busi- he said. and the victims, accord- " f rr' ness. Wyckoff says he'li McDonough, too, said his ing to reports from the continue to work as an art store follows the national trenches, will be the • • - . - ~.,,ti „ dea ler, bu t forego t he cos t sugges te d re t ai] pnces for s l u independent shop own- of operating a full-time apparel. His 80 percent prop ers who have lon made g i~gallery. erty-tax hike won't be Aspen something spe- The retail community recouped with a price hike. cial, fimky and different. is bracin for the slew of The towists would s ot it ~ ~ T he mom-an d- o g P P P closings that many are immediately if.the same jack- stores, the unique bou- ~ predicting is still to come. et at McDoaough's is cheap- tiques and the dreams of old-timers who And plenty of business ovmers are holding er back home, he said. eame to this community to bwld a business their breath, wondering how long they can "As a result, we don't get ` in the best spot on earth are crumbling, claim stave off what they fear is inevitable, to mark up the increased . the pessimists. In thcir place will rise the next "I love my store, I want to keep it," said costs. It comes out of my ~s Mall of America, minus the roof. Jane Click, longtime owner of Geraniums 'n pocket," McDonougJi said. But is the face of Aspen's commercial Sunshine. "Whether or not I'll be able to stay Nor will diners find the 77 core really changing or just undergoing its in business up here is highly questionable." $450=per-month rent hike fatest makeover? Is staying in business here There's no way, merchants say, they can Rowland Krupp is paying for harder than evei or merely as difficult as it pass on the hind of increases they are facing, his 0'Leary's Pizza Pub has a lways. been? And i f the cunent - tacked on to a cheese and business climate proves too harsh for pepperoni pie. , survival of ali but the financially "I can't sell $9.95 ham- fittest or sawiest, whds to blame? "0 god(D my stope9 t(o burgers and $5 beer The answers outnumber the ques- nobody can. There'd be tions, but merchants agree on one keep Bto Whe$hep ov not 0988 b(S nobody to serve them to,' r point: Things may be tough all over Kr-uPp said, for the small-business owner, but able to s$ay Dn bus0ness up "How much can you thcy're just a little tougher in Aspen. , charge for a donut and a cup ~ In a resort with sk -hi roe Y~ P Pq 1~elre is hugh0y qa~estaonabBee" of coffee?,> agreed Bill D;rLs- costs, pricey laboy iffy au travel, off• moor, who owns the Main season economic nosedives and an - Jqne CIiCk, Geraniums 'n SunshiRe Sheet Bakery and Cafe with Randy Seot4, owner of The ArQ of Optiks, says the inherent de endenc on the whims off-season in Aspen can be brutal, or fatal, for the of natwe and the niur~ber of dis s- his wife, Jane. Property taYes business owner nrho hasn't prepared for the lull. P~ for the cafe jumped 4(~ per- Devon fifieyers photo. able doilars in the faarisc pocket, cent, Dinsmoor said. ' there are enough variables to over- "I think everybody is feeling, `Ykes, we "Every time you turn around, there's whelm even the shrewdest buuiness ' don't have a lot of room to go up, price- something that cuts into your pro6ts," Krapp ,owner. in taxes.and rents, to the consumer. That wise,"' he said, ageed. "The laxes are just the latest thing. This year's property-tax increase in the- leaves the business owners ihemselves But, reasoned Dinsmoor, if it's not one Aspen might be glorious for people to come . commercial core, which doubled or tripled -absorbing the impact. thing,,it would be another. here to ski, but it is not glorious for the pea the cost of occupying tetail spaces for many °In Aspen, there's this predisposed idea "I can't remember a year when I didn't ple doing business here. I an only take so merchants, is only the latest nail in the coffin that everything is overpriced," said Randy have some expense that took the wind out of many hits and then I'm out of business." for some. For others, iPs the last nail. Scott, owner of The Art of Optiks. In reality, what appeared would be a little more prof- L.ongtime business owners pine for °iie . "For some pcople, it's going to be the dif- Scott says he charges less for a pmscription itability," he said. good old days" - when tents were lowet Saturday-Sunday, hforch 30-31,1996 ~ TheAspen Times-13-A The Cover Stovy ; ~ and pro5t margins larger - but they may be Aveda, a franchised oudet of the Minneapolis-` look-ing back through rose-colored glasses ~ r'~`s 4 based manufacturer of beauty-care products Or, it could be that hard times of old just , don't look so bad, compared to the hard opened where Unioorn Books once did 6usi- times oF late. ness on the Cooper Avenue Mall. . . Aspen now boasts The Gap, Banana Ernie Fyrwald,' co-owner of Aspen a a a 1.vV1° Republic° Eddie Bauer, the Sharper Image f` Sports, rememUers opening SportStalker here in 1980 as a co-owner of t}tat business, w and a host of smaller chain oudets, "We were shocked at the rent and the cost DeGouveia said he underestimated their significance. w-, 3 of doingbusiness here," he recalled. "It was a p~ "When tha first chain etores came to ~ude awakening, but we did it." 4 town, I thought `why would people come to The more thin chan~ethe more they gs Aspen to go to T'he Gap?, „ he said. stay the same. It's still expensive to do busi But they do in droves, according to ness in Aspen, relailers agree, and the recent DeGouveia. And it's not ]'ust local residents ax bills ue only the la(est ehallenge. ]ooking for an affordable pair of jeans, he High property cosfs mean it costs more to said. The tourists are sho in at the chain 'ive here and that translates mto higher labor PP g -osts - 2 or 3 percent above the naCiona] stores, too. ~ The chain stores, according to the oft- Average for a retail payroll, Fyrwald said. ' ~ ~ , ~ ~w re eated complaints of local merchants can < ` If'S~C1IId Of 3 VICIOllS CyClB - OllT P ~ tY ' , ' afford to pay exorbitant renis without regard mployee costs are high because rent is tugh ro profit margins. They are "trophy sto[es," -or them,,> he said. z say the disgruntled =solelY here to have a McDonough rents an apartment to house ~ presence in Aspen, not to make money: ~ ~ome of his employees. Lodge owner Charlie Chain store officials have shied awa from ' 'atersonboughtemp]oyeehousingyearsago Kr Y x . or some of his staff at The Boomeran . w discussing such charges in the past, and ; g Emle Fyrvvald co-owner of Aspen Sports, is approached regulady by national chain attempts to reach a spokesperson at Gap Inc.:. ` Some retailers purchase bus passes for stores irtterested in his space on the Cooper Avenue Niall, 6ut says he doesn't want headquarters for comment on this theory mployees who travel to and from their qo seII out. Travis Caperton photo. were unsuccessful. ownva(ley homes. For others, ski passes are "IPs tough to compete against people who ;Y necessary part of the employment package "To have a?5 percent decrease in sales - off-season has already arrived. He has expe- don't care if they make money," admitted ~ attract help, that's a huge hit," said Borkowski. Junior rienced the slowest March in a decade, he lohn Hamwi, owner of Little Annie's Eating j.#>;~' Business owners also shell out bucks to Mountain Sports, a children's ski-apparel said. House. "The bottom line isn't theu reason ta :eep up with the iroage Aspen has estab- store, is now going out of business. In the past five years, DeGouveia saic, he be here " shed for itself, said Paterson, citing remod- Borkowski hopes to open Elite Ski and has seen sales tumble to the point that his Since commercial property assessments iing work al a local jewelry store that he gport, featunng apparel for adults and chil- shop no longer makes a profit. are based on rental proceeds, the chains ate dys is worthy of a Fifth Avenue shoP in dren, next fall. "Pm concerned about what's happening getting plenty of blame fot the recent proper- +ew York City. Then there's the snow factor. For a ski in this town,° he said. "I don't Imow if I can ty-tax hike - along with the landlords who °The expectations of the people who shop, the window of opportunity is about stay in business here." A growth in the num- rent to them. )me here now are very high- Aspen has a four months of high-volume sales, Fyrwald ber of stores in town has meant dividing the The typical wmmerciaf ]ease in Aspen, ellar reputation," he said. "To meet that said where retailers serving bo(h summer total retail pie into ever-shrinking Pieces he the so-cafled "triple-neP" lease, passes ;pectaaon, we.all have to work hardec It's and wineer cuswmers here can count on eight noted, but he levels the finger of blame mosf- tluough virtually all costs to the tenant ,ry expensive to do business here." months or so. ly at a pau of popular targefs - chain s(ores property taxes; utilities and maintenance, T-'he local economy is also dependent on 'ne off-season, said Scott, can be brutal. and landlords. aloog with the ever-rising rent itself, accord-, -tting the tourist here. Mark $orkowsld said '°you have (o be shrewd fo survive. That's When DeGouveia opened his store almost ing to merchants. ~ siness at Junior Mounlain Spotts dmpped one «on a lot of buSinesses don'l survive. 19 years ago, there were no national chainout- It's a double whammy - paying astm-, - F 2,5 percent after Continental pulled its ser- 'ney don't realize how bad the off-season lets in Aspen. What started as a trickling in of nomical rents that then result in astronomical: ce out of Aspen hvo years ago, ]eaving ~ be » national franchises became a flood of chains ~x bills - that boggles the mind, said Cliclc, uted Express' high-pnced monopoly as a For Steve DeGouveia, owner of Foot- eager to occupy the spaces of local merchants `°fhece's something.wrong with that.pic=.,. veler's only choice.. loose and Fancy Things, it's as though the who, could no longer cut it. Just this week, E3 contlnued oo foflowing page ~ i. _ ' . : .'4.„. . , 14-A 7beAspen Times ~ Saturday.Sunday, Morch 30-31, 1996 . ua. . . , b ~ . . ~ : . . . • . . ~ The Cover Stopy . WEAV~ MHTC-ff' p contlnued Irom prevlous page- to mopen at a downvalley site. ture = iPs ludicrous," she said. Propcrty taxes are just one more , There's nathing ludicrous about blow, according to Adams, who, 415 EAST HYMAN AVENUE • ASPEN, COLORADO 8161 the arrangement for landlords. blames KFC's demise in Aspen on (970)925-5600 • FAX (970) 925-6767 L,ongtime loca[ mmmcrcial proper- its sitc restrictions. The limited . . ty owners havc secn rcntal pro- parking at the restaurant, coupled ' ceeds rise dramatically, while the with the city's paid parking, com- ~•~~`,p~ costs of owning the pzoperty are , bined ro do the KFC in, she said. passed on to the tenant. "People aren't going to pay to . ` PITKIN ROW • The arrangcment is "bctter than park so they can come in and buy a TOWNHOIVIE • printing money," suggested one $4 ot $5 meal," Adams said. . local official. The shame, she said, is in the. ~ft,,,, , Located thrce blocks "When does fair profit turn inro closing of an affordable - and the corner of Spring d ' excessive greed?" DeGouveia said. therefore popular - spot for the bedroom,thrce and-o "If you want to point the finger, I local workforce to dine. home is bcing offercd think the biggcst finger has to be Thc chains, whether restaurants furnished.$2,250,000 , pointed at the landlords." or stores, do bring a welrnme ele- Call Charlie Weaver " . Commercial-ptoperty owners, however, say, they're taking some S~~W~ss . undeserved heat for a sit- . ~eAsBaeQO QA~Bg~B t QDe glOBPio~lIs uation that is far from all CONI)OIVIINILJIVI SKI-IId • • their fault. Many land- fop os to come ho~,e ' - lords said they fought ~ ~ SI{I-OUT ON I.I]F'd' #6 their latest property valu- ~~Q ~g Here's your first opportunity to buy a ations tooth and nail. 9 ; Deerbrook Condominium in over two ~ Furthermore, the prop- years. This three-level, 3,000 sq, ft. erty-tax hike that has 1~oovoog°e ffop th~ ~op8e decorator fumished four bedroom retailers screaming is the 60sdness condominium has two master suites plus ~~Q9~ ~ ~l~~~erv result of factors beyond a Q~ two guest suites. Breakfast area, outdoor property owncr's conttol, hot tub, 2 fireplaces and a garage make this ' • accordin count otf~- - Rowland Krupp . g ro y a fabulous rental properry. L.ots of cials, inciuaing scatewtdc O'Leary's Piaza Pub light and great views. $1,495,000 tax Wl«ies• . Call Patrice Ben-Hamoo. Some landlords, - , ' - added Rob Snyder, man ager of the Ute City LOWEST PRICE WEST END HOME VICTORIA SQUARE HOh R~ Banque building and the : Cozy home near Music tent on5,000 sq. [t. lot. Great cental This charming Wesl End Vicio . a='. Aspen Block building, ;i property. $647,000. Call Patrice Ben-Hamoo. W. Bleekcr, faces Aspen Mour . " arc committed to Icasing space to ment to Aspen with their products HORSE RANCH - LOT #79 bedrooms and five and•one-halt ' , iocally own6d businesses if they and pricing, locals are quick to L.ocated at the top of Horse Ranch, this is the best lot that Call Chadic Weaver. , , can. Ideally, another local business point out. wiil ever be availabie. Buiid up ro 5,000 FAR. $625,000. PANORAMA RANCHES I will occupy the Ute City Banque "The great lament in this town a Call Chadie Weaver. Build the homc o( your dreams c - - space, ha said, few years ago was you couldn't HORSE RANCH - LOT p 63 ` Excepi' "A locally owned business buy a pair of underwean cere," Overlooking the Snowmass Valiey. Build up to 5,000 subdiv : . would be our first preferenee - Mazza rccalled. square teet on this panoramic property. $515,000. $149,SW. Call Janel Milchell. we're not elosing our options, "I don't think the national Cati Chariie Weaver. RULISON- HORSE & CA ' eithe Snyder said. chains are the bad guys," Fyrwald VICfORIA SQUARE HOME This 40.95 acre parcei is iotal "We're not realiy crazy about agreed. "They have as much right This charming WEst End Victorian home loceied at 708 Excellent dilch water righls. ? Aspen becoming a Cherry Ctcek to be here as anybody else." W. Bleeker, faces Aspen Mountain and consists of five al[al[a. Exempt domestic well Mall without a mof on it," Snydcr Sfill, Fynvald cringes at the idea ~ bedrooms and five and-one•half balhs. $1,695,000. Trcmendous 360degrce vPcws. added. "That's„not why we came of ttvning over itis Cooper Avenue C811 Charlie Woaver. Call Janet C. Mitchcll. ' here eithe.r." ' Mall spot to a chain;" although.he is ' , ' Rental rates for commercial approachedregularly. 9 space, have been on the.rise in `My heart won't let me do that, ln~~~~~~~~~ S ]PICKS Ta((~e a (oc ~ Aspen, but so are the prices retail- but at some pointryou have"to ers chargc for goods, argueci•lbny : think,'God, am I making a smart • s ' business deeision by saymg ~ EI~IJOY THl no7' " Fyrwald said. "Even ~ from Independ, though financially, it might Mountain. This • dgt°ffi to0Ugh $O CoQi19pe$e make sense, emotionally, it's not something I want to residence has all , ~aBOflffit QDeoQ$0e dif~flo do." floor plan, anc ~ , . "It's just a shame the construction. 3 doQO't cepe Hf tBDey true heritage of this town is room, mud roon being ruined by chain room, 2 mastcr s ~ . ~S~ R09~If~~~ stores," argued to Barbara ondola.$2,195,( Q49a ' Grimcs, owner of Gossamer -John Hamwi, Wings. "They (chains) ere N~ ' Little Annie's Eating House the ones lhat can sit here in , the off-season when there's - ' nobody in town and pay the rent," she declared, although she is dosing up shop at the - EN,]OY THE RIVER! Hotel Jerome, she said, . . Mazza of M&W Procrties which because d'ut from Main Street dam- Aspen's most desirable River House is a • owns and manages nne commer- ages her suede goods. short walk to the gondola. Dramatic cial buildings in Aspen. IYs unfair Grimes said she would like ro architecture.I.og accents, excellent and unrcalistic - to blame reopen, her shop elsewhere in ,WOrkmanship and floor plan.5 bedrooins, 5., ° - landlords for charging more for pspen, but said high rents may • " 1l2 baths, media room, and wine cellar. , space than they did two decades make that impossible. $3r999,898Reduced to $3.600.000. , ~ ago, he saiJ. Despite the struggles and the ~ r ~ ~ "'They (retailers) aren't selling dire.predictions of an all=chain their products for the same price takeover, there are menChants who they ware in 1972," he said. are making iL ' Mazza also rejects'the thcory . Little Annie's is doing well, `r that chain stores are somehow to though it's `Svith blood, sweat and EXCELLENT HORSE PROPERTY blame. The chains aren't paying tears," Hamwi said. Great rental incom'e. Approximarely lA ecres witti excellcm water rights in Wingo more than the going market fot McDonough's is here to stay, Junclion Basali, Main house plus 7 romal units. Potential tor $9,000 pxr month ~ rertt, he said. In som0 cases, Maz2a suys its owner, and Fyrwald and w rentet income wiih subdivision possibilities. Recently romodcled. Owner 5nencing said, they're actually paying less Dinsmoor insist there's no place possible.81,200,000. . per square foot because they'rq they'd rather be. ,,.r leasing (arge spaces. 1 wouldri't want to do business ELEGANT SUNRISE, ' - If chain stores are attractive as : anyplace else," Hamwi agreed.Bwutifully remodeled, targe, 2-Ieve1, 1 bedroom, 1-i/2 beth rnndominium with tenants, he said, iPs hecause they're For all of them, Aspen's bright- exPansive Aspen Mountain views. QuiN cul-de-sac, small, qualily building. . ~ . dependable. "They pay the rent on est future probably lies in siriking a Beeutifully furnished, 5395,000. time." , balance that leaves room for the . . And the chains;• too, are driven . chains, but allows the independenE • 200 PRIVATE ACRES- MISSOURI HEIGHTS by economics; said Mazza; eiting operations a reasonable chance at_ Magnifcent penoramic views. Rotiing topography: Privacy. Orte otthe lasi large thefate of Esprif, a.national chain ° success. The melding means the, parcels in the Roaring Fork Velley. $900,000. • ~budet that closed'ifs doois ficre. Aspen of old is gorie, but that's not Thc. Kcntucky Fiied Chicken necessarily bad. :$UY THE BEST LOT IN PITHIN GREEN 7 t 1.5 moslly Icvel ecres. E2,500,000. Plens included in purchase price. (Allows outlet. in Aspen will'follow suiL "People say it's not like it was in gppp to 12,000 (t. home. i'r~` •Thc restauiant will close at the cnd the '70s - well what is like it was ~ ~ , of Apiil;"confirmed"franchise, in the '70s?" Dinsmoor said. a owncr Scudett Adams; who' hopcs "Changc is a givcn:" r n . W r»' - ~ ' t N ~ ,.s..; . ,~t e'k wy ~.y ~ k : y ys • r'"'"'°""~""""q,-.:x:;..mt•h-:.,.,Y-e.r.v.r^:,,,,~-~v.,.-•'.~`L-, ' fi - 4VAIL TOu~r 75 South F'rontage Road Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 FOR BMMEDIAT~ ~ELEASE . April 5, 1996 Contact: Mark iViobley Firefigh4er, Vail Fire Department 479-2250 fVionday - Friday, 8:00 - 5:00 479-2258 Option #9, Voice fVlail SECOND ANRBUAL BENEFIT GOLF TOURNP?IIAENT The Vail Firefighters Association (VFFA) will host its Second Annual Benefit.Golf Tournament fViay 29 at fihe Eagle-Vail Golf Course. This year's beneficiary wili be the Red Cliff Fire Department. Last year, proceeds generated from the goff tournament were donated to the Eagle County F2ed Cross and its local disaster relief fund. A total of $1,500 was raised. VVith the success of last year's tournament, the VFFA is hoping to exceed last year's figure, and this can only be done with your participation. The VFFA is now seeking donations from area merchants for Tee Box sponsorships, prize and gift donations, and golfers looking for an opportunity to participate in a great cause. iViuffigans will be offered to tournament participants, before, during, and after the event. Each mulligan purchased gives you an even greater chance of winning one of the many prizes being offered, and improving your score. There will be a continental breakfast served to all participants at Mulligans Restaurant, at the Eagle-Vail Golf Course club house, at 8 a.m. before the event. The tournament format will be an Italian scramble, shotgun start at 9 a.m. Prizes will (more) RECYCLED PAPER Benefit Golf Tournament/Add 1 be given for closest to the hole and the longest and shortest drives for both men and women. A"split the pot hole" will also be offered with the winnings going to the golfer and the Red Cliff Fire Department. ff you are interested in playing, please contact Mark Mobley at the Vail Fire Department, Monday through Friday at (970) 479-2250, or leave a voice mail message at (970) 479-2258, option #9. Registration packets can be picked up at the Vail Fire Department, Station One in the village, or can be faxed to you at your request. # # # , ~ X C,~ . PItEVIEW OF S It 1996 CAY.ENDAR OF EVENTS MAY Il Be44y IFord A9pine Gae°alens 476-0103 What: Highest alpine gardens in North AYUerica Houa°se Open daily, dawn to dusk 4 Rockq MoaaeaQain News Women me IDistirerxioee 303-295-5911 What: Join the Hyatt and the Itocky Mountain News in a slaute eo Colorado's most prominene fundraisers. Event includes a gourffient, • black-tie dinner, as well as an overnight seay at the Hyatt. W?nere: Hyatt Regency, Beaver Creek 5 High Courrngry Te°ack Mee4 . 479-2180 What: The kids have an oppornanity eo tese eheir , running, jumping and throwing abilities against themselves and their friends. Wnerea Battle Mountain High School Teack ` • W6aene 8:30am registration/9am races begin 5 Cianco de Mayo Ce9ebaat6mn 8274240 . What: Celebration of Mexico's independence. Flag-salute ~ to both 1Vlexico and U.S. flags, inspirational speakers will share hiscorical stories and local success stories ~ of Hispanics. Booths, a chila cook-off, Spanish dancers, a enariachi band and more. W9aeret Minturn W8aen> Begins with Mariachi IViass 11:30am 25-29 1996 dEEPO Wn6tewater Fesk6va? 476-Il000 . What: World-class kayakers visit the Vail Valley eo compete on both Gore Creek and the Eagle Itider. _ . - Wnereo Mintum and Vail > May 25: Champion Interoational Whitewater Series Demoastraeion, Gore Creek Slalom Raft Challenge and Wet & Vdild Sports Expo - Gore Creek, Vail llillage May 26: Down Rider Raft & ICayak Championships - lEagle River, Minturn . May 29: Champion International VVhitewater Series - Eagle Itiver, Mintum 25 Gondola and Vasft Bahn open for Scenjc Rldes 476-9090 . . . . { i ; . . . . ' , . . . : . - ' " . ' • . . ' MAY i - ,31 Vail Alpine Garden Foumdation lecture 476-0103 What: Lecture with Angela Overy, Botanic author _ Where: Manor Vail I.odge, Vail VVlien: 7pm . JUNE - - - Children's Butter9ly Launch -476-0103 - What: This is an educational elementary school program tnosted by the Betty Ford Alpine . Gazden Foundation. Children release over 600 Painted Lady Butterflies in the park. -Free "How to Plant a Butterfly Gardee" works6op. Where: Ford Park, Vail dVhen: l0am - 2-8 . Sporting Clays Week : 845-9200 . - : VVhat: A shotgun instructional program. Where: Vail Rod and Gun Club, Wolcott dVhen: Begins with welcome dinner on 6/2 3-7 Rocky Mountain Baseball Camp , 479-2280 . dVt?at: A baseball camp coached by Stan Sanchez of the University of Southern Colorado, for children ages 6-18. Pre-registration requested. L Where: Ford Park Softball Fields - • dVhen: 9am - Noon . 8-July 7 Vail Valley FesQival of Flowers 476-0103 What: Annual coAnpetition celebrating the beauty of flowers. VVFF also recognizes the best public and private gardens and flower displays. Event is hosted by the Betty Ford Alpine Gardens, and - includes: - : 6/8 Vail Alpine Garden plant sale & workshops 6/14 Vai1 Alpine Garden Foundation lecture 6/22 Ea.rthfest 196 workshops and lectvres =6/28 Vail Alpine Gmrden Foundation ledure 7/7 Mndsummer Night benefit 8 Alp6ne Garden Plant Sale 476-0103 What: Hosted by the Betty Ford Alpine Gardens and part of the Vail Valley Festival of Flowers, ttus sale features . annuals, perennials, unusual alpines, hanging baskets, free workshops, and more. +`!d Where: East Park'vng I.ot at entrance W Beaver Creek When: 8am - Zpffi _e , . : : . _ . - . , . + JUNE b~ Firee 'd'eaands Cour6s - Free Tenreis C9inics 479-2294 What: Come enjoy our fabulous courts and meet oue vvonderful staff. You can start your tennis season by trying che llail Tennis Center for free! Vde'll offec a free clinic from 9am.- noon, vvith free court eime ehe entire day. Where> llail Tennis Centec. Iteserve coures by phone. 9-Il~ Sportiuug C?ays Wak - 845-9200 What: A shotgun instructional program. . ; W9neree Vail Rod and Gun Club, VVolcott Wneaao Begins with vvelcome dinner on 6/9 - Il346 Go?~ Weeks 845-9200 What: Golf instructional program led by Bob 'Y'oski. Includes clinics, play and social events. - • Where: Cordillera Golf Course and Sonnenalp Course in Singletree. 14 Vaa? ARpi¢ne Garden F'oundation lecture Wnm8o Lecture with Glen Ellison, L,andscape Architect . Wherea Christie I.odge, Avon W9nen 7pm . Ils Wi9d Wesstt C9na9u Cook-ogff 845-5753 What: The HO'I°TES'T competition in eovvvn! Over 30 ~ Vail Valley restaurants competing for the coveted ~ bonors -and you can help judge! . a Wheue: Creekside Park in Beaver Creek Il5-Il6 23raH AnnuaB Kung of the Mountain Doubles Volleyba9l 'd'ourmaanent 479-2280 What: Competieors from the western states meet in Colorado's most exciting tournaments. Wherea Nail Athletic Field and Ford Park - - = -Il6Il9 : •AEII @7`JorDa? IForae8aa ' - - WQaage Wneree Beaver Cceek Il ~~2 Go?P Weeks 845-9200 What: Golf instruceional program led by Bob Toski. includes, clinics, play and social events. . W9aerea Cordillera Cnolf Course and Sonnenalp Course in Singletree. : _W . . . . , . . . . . . . , . . . - JUNE ~ . :17-21 Joe Folda Basketball Camp 479-2280 VNhat: A basketball camp for Grades 3-12, emphasizes fundamental skills and, most importantly, having lots of fun. Pre- registration requested. Where: Battle hlountain High School Gym When:- 9am - 3:30pm . , . 18 Budweiser Hot 3ummer Nights Concert 949-1999 Where: Gerald R. Ford Amphitheater, Vail - When: 6:30pm _21-23 EarthFest '96 - A Celebration of our Envirorunent - 479-2291 . What: A festival to provide enjoyment and education on our environment. Booths, free workshops, food, children's activities, free concert and more. . ' Where: ]Ford Park - ' . ~ . . When: Beginning at 7pm on 6/21 . 22 ' Trees For Vail - Spring planting • " . 479-2144 22-23 Festival of Natiores 949-4280 What: Intemational food, music and balloon festivat, . _ including a "Balloon-glow". - VVhere: Nottingham Park, Avon - ~ When: Beginning at dawn on 6/22 ' 23=39 Bob Johnson Hockey School 479-2271 : i What: Top qualified instructors will aid in developing and improving hockey skills. On-ice - sessions and a daily video and lecture session will be presented by the coaching staff. Where: Dobson Icf; Arena When: 7am - lOpm 23 12th Annual Beaver Creek 1Home Show 476-1876 What: A benefit for the Colorado Ski Museum - - _ ` this home ¢our features some of Beaver Creek's finest homes.. When: 10am - Spm 25 Budweeser Hmt Suenmer Wights Concert 949-1999 Where: Gerald R. Ford Amphitheater . When: 6:30pm 28 Colorado Chitdreae's Chorale 949-1999 Where: Gerald R. Ford Amphitheater When: 7pm . a , . . ~ JUNE 28 Vaa? A?pbaue Garden Foundation lecture 496-0103 What: I.ecture with Andrew Pierce, Hudson Gardens Director of Horticulture Whea°ea Manor Vail L.odge, Vail Whene 7pm 29 Bravofl Co?orado VaIfl Val9ey Mustc Festiva9 476-0206 . What: Rochester Philharmonic Orchesera Wheree Geratd R. Ford Amphitheater WQnene 6pm 30 ' Beaver Ca°eek Suenmer ConcerB Secies 476-7752 • Wherea Strawberry Park, Beaver Creek 30-Jaa8y 9 24gh Anuen~g Va68 II.acrosse Shootou4 479-2280 . What: 'd'his tournament is the largest and most • - prestigious lacrosse competition in ehe U.S. Once again, the field hosts masYers, womens and an open division with teams from across the U.S.A. and Canada. ~ Where: Ford Park and Vail Athletic Field JULY TB~ Jea~ie Heuga's 'Toyota l~ountain Bi1ce Express 949-9172 s What: W@neres W9neno Il Brado4 Co9orado Vab9'Va91ey Music Festava9 476-0206 What: Rachester Philharmonic Orchesera Where: Gerald R. Ford Anphitheaeer Wnenr 6pm - 2 _ Bue6wedser Hog Saammer Nights Corecea°t 949-Il999 Wneree Gerald R. Ford Amphitheater When> 6:30pan 4-9 Vag A~enica Da~~ - ~ The VaRey9s Fourth of Jely Weekend Celeba°ationNll 476-Il000 16 Val?'s IFourth oP Ju8y Pamde - What: Annual giant parade, witb floats galore Wherea From Vael Village to Lionshead . - , Wheeao Searts at 10am JZ1I.Y ~ . 47 Vail Ameriea Days Continues.... 476-1000 4 Avon's "Salute to the CJSA" 9494280 What: The largest, most fiery fireworks display in the Rocky Mountains and free concert. - ' Where: Nottingham ]Park, Avon . . , . - When: Dusk - , 4 Bravo: Colorado Vail Valley Muslc Festival 476-0206 What: Rochester Philharmonic Orchestra - ` . patriotic concert -:_Complimentary - - Where: Gerald R. Ford Amphitheater dVhen: 3pm 5 Vail Fireworks - : 476-1000 : Where: Golden Peak. Due to construction, viewing . area will be Ford Park. - : When: Dusk 5 Lacrosse Shoot-Out, Youth Clinic 479-2280 What: Kids can be a part of the lacrosse tournament by participating in this clinic. Free! z~,= dVhere: Ford Park Athletic Field dVhen: 4 - 6pm - ~ . 5 Bravo! Colorado Vail Valley Music Festival ` 476-0206 . What: Itochester Philharmonic Orchestra - Pops Concert . ~ dVhere: Gerald R. Ford Amphitheater ; VVhen: 6pm " 6 Mirnturn Fireworks 827-5645 . . Where: Fireworks are set off from hillside on east side - of town, visible from all town streets. When: 9:30pm - -76 -=-Bravoi Coloradu dail Valley Music Festival - 476-0206 What: Rochester Philharmonic Orchestra Patriotic - Concert - Complimentary Where: Village Green, Beaver Creek When: Spm . . 7 • VaiPs Mountain Haus at the Covered Bridge 20Bh Annual Hillclienb 479-2280 ~ What: This 7.5 mile run with a 2,000 foot climb in elevation, is a top-flight athletic challenge which only the brave should attempt! W6ere: Start at Vail Mountain Haus When: 8:30am "n~. . } F •Q ' . ' . , JULU I 4-9 ~afl Amerrnce g?ays Continueso 0 0 < 476-1000 9 Madsanmmer 1`Iig9et Fes¢Bvall 476-0103 WDnaBe 'g'he Vail Alpine Garden Foundation and President and Mrs. Ford host this annual reception to benefit ehe Betty Ford Gardens.-'I'he benefit will also honor the ilail Valley Festival of Flowers garden winners. Where: Beety Ford Alpine Gardens Wheauo 4pm 9 Braao? CoVoeado VaaR VaIley Music F'estivaB 4 J 6-0206 ' Whate Rochester Philharmonic Orc6estra - Pops Concert Where: Gerald R. Ford Amphitheaeer Wnene 6pan 9 Budewe6ser IE$oB Sanmugeer N3ghBs Concer8 " 949-Il999 Where: Gerald R. Ford Amphitheaeer • ` Waen: 6:30pm 10 6Blh Anaaua9 Western IEYoea9own 845-2006 Wha4e Slifer Smith dc FramptonNail Associates Real Estate Annual Fundraiser to benefit Eagle County libraries ...a foot-stompin' good time! ~ Where: Gareon's Saloon, Vail . Wnene 6pm. Coste Adults $50, Children 2-12 - $10 ~ IlIl BravoY Coloa~~~o VaIV Ya1?ey Music lFestsvafl 476-0206 . Wnat: Soiree I Where: Hilbert Itesidence, Beaver Creek W9aeua: 6pm ll~ Ce9ebratumn oP ILlffe ILuncheon 479-9260 W9sate Fundraiser for the Vail Brease Caacer Awareness - _ Group, and Part 1 of ehe Run for the Hills weekend. - Wheireo Vail Cascade Hotei & Club - 12 Brado8 Co?orado daI9 Valleyv A9[usic Fest6vaR 476-0206 W9aage Chamber Music Concert Where: Botanic Gardens, Denver WCnene 6pan . 0 Run ~or ae M?9s Sk and WaRk' 479-7260 Whato A competitive and non-compeeieive run through Vael Vifllage and the surrounding area. Proceeds will ; suppoae breast cancer avvareness, educaeion and early detection programs in Yhe Vail Valley. . - • - . , . x= . . . . . , - ~ . - r JULY ' 13 Bravo! Colorado Vail VaIley Music Festjval 476-0206 What: Jazz - Where: Gerald R. Ford Amphitheater When: 6pm 13-14 Vail Arts Festjval 476-4255 - - When: 10am - 6pm ~ Where: Throughout Lionshead Village 14 Beaver -Creek Summer Concert Series 476-7752 ' Where: Strawberry Park, Beaver Creek . 14 Bravo! Colorado Vail Vulley Music Festival 476-0206 What: Soiree II Where: TBD " - When: 6Pm - 15 Bravo! Colorado Vail Valley Music Festival .476-0206 What: Introduction to Chamber Music I Where: The Vail Village Inn ; When: 5:30pm 15-19 VISION Photography Workshop 476-4255 What: Workshop with John Shaw . ~ . Where: ' When: . 4 15-19 Al Bennett Volleyball Cs?mp 479-2280 What: Training tfor Middle School and High School players. Where: Battle Mountain High School Gymnasium , When: 9am - 4pm : 16 Budweiser Hot Summer Nights 949-1999 Where: Gerald R. Ford AmphiWeater . When: 6:30pm , 16 ' Bravo! Colorado Vail Valley Music Festival 476-0206 What: Chamber Music Classics I Where: Chapel at Beaver Creek When: 6pm 17 Braeo! Colorado Vaii Valley Music Festival 476-0206 What: Detroit Symphony Orchestra - Where: Gerald R. Ford Amphitheater - When: 6pm . . , _ - C S - j _ - , . RJLY 1 ll~ BuadoY tCoBouado dai? Va91ey A9usic Fes4iva? 476-0206 What: Soiree III - Benefit Conceet W0nerea King Creek Ranch, McCoy Waeano 6pm lls Gaaeod S9am Spoets I[..egends of Tennis 1-305-931-9250 What: A 4-day tennis package featuring tennis , legends -Fred Stolle, Owen Davidson, Shervvood Stewart and Dick Stockton. Together, the legends share techniques and tigs wrieh you, the seudent, in a smalt group setting. I'he program also includes a parey, vdestern BBQ, an awards ceremony, a daily • breakfast buffet and more...L,O'TS ARORE. . Wnerea Beavee Ceeek T'ennis Ceneer. 19 Bravo? Co9orado Vaal Vaoiey Music FestaeaO 476-0206 - What: Deeroit Symphony Orchestra W11nereo Gerald R. Ford Amphitheater W?neene 6pm 21 Bravoo CoEorado Vaa? Val?ey Music Fest6vall 476-0206 What: Detroit Symphony Orchestra Wheree Gerald R. Ford Amphitheater W?neno bpm ~ . 21 Beaver Creek Sumdaaec Coeaceat Series 476-9952 ~g Wnerea Stravuberry Park, Beaver Creek ~ . 22 Bravo? Collorado Vaat Va9Qey Music Festiva0 476-0206 What: Inuoduction to Chamber ARusic II Where: 'g'he I.odge at Vail Whene 5:30pm . 22-26 Bastt YoanB9n Soerea° Camp 479-2280 What: Coach Bast and his staff of high school coaches - - and 'collegiate players will focus on individual - - atceneion and the fundamental skills of teamvNOrk. - Pre-registraeion requested. WUuee°ee Ford Park Softball Fields Whe¢ue 9:30am - 3pm 23 Baedeweuser HoB Sauaramer Noghts Corns.erB 949-1999 Wneree Gerald R. Ford /4mphitheater W9neno 6:30pa~ Bravoo Co9oirado Vaal ValQey Music Festiva? 476-0206 . : What: Chambee Music Classics 11 = Whea°eo Chapel at Beaver Creek ~ . . ~ene 6pm i _ . . t. . . . " ~ JULY , 24 Bravo! Colorado Vall Valley Music Festival 476-0206 What: Detroit Symphony Orchestca - Pops Concert -"Where: Gerald R. Ford Amphitheater . When: 6pm 25 . Bravo! Colorado Vail Walley Music Festival 476-0206 , What: Detroit Symphony Orchestra - Family Concert Where: Gerald R. Ford Amphitheater . When: l lam - COMPLIMENTARY! . 26 Bravo! Colorado Vail dalley Music Festival 476-0206 "When: Detroit Symphony Orchestra . • Where: Gerald R. Ford Amphitheater . ~When: 6pm - : 26-28 Vai9 Junlor Satellite Temnas Tournaunent 479-2294 : What: A sanctioned USTA Regional Satellite toumament which . draws some of the state's top players, the Junior . Satellite us a great opportunity to see how you stack up against the state's best. Where: Vai( Tennis Center - , 26-28 Thumderbiral Arts Festival, Avon 9494280 : What: This juricd show of fine art will feature paintings in all media, batiks, sculptures in copper, brass, welded , metals, stone and wood, mixed media, pottery and stained glass. ~ Where: Seasons Mall, Avon < , 27-Aug 4 Eagle County Fair and Itodeo 328-8779 What: Professional Rodeo, exhibits, Eagle River Arts ' Festival, free entertainment, children's activities and LOTS more! Where: Eagle County Fairgrounds, Eagle . -27 - ;,Avmn Triathllon ' - 9494280 . ~ VVhat: This event will encompass 800 meters of swimming, _ 18 miles of bike riding and a five mile run in and : around Avon. Whew! 27 Bravo! Colorado Gala Benefit Dinner 476-0206 Where: Chateau, Beaver Creek , . - When: 6pm 28 Beaeer Creek Summer Cnncert Series 476-7752 Wfiere: Strawberry Park, Beaver Creek : - e _ ; ~ ~ 28 Va68 Half-Mantfion 40 Piney ILake 479-2279 Waa4e One of ehe mose daring and beautiful challenges you will ever accept. ltunners make the trek up to Piney L,ake via Forest Service Roads. Wnea°ee Start at Dobson Arena When: 9am 28 Co9orado Mountain Co9@ege Home Tour in Arrovvt?ead 476-4040 Waate Tour some of che Vail Valley's mose beautiful hoffies and help raise moneey for Coloeado Mountain College student scholarships and faculty development. • 28 BravoY Coloa~~~o Va6B Va9@ey Music FesBeva? 496-0206 . Whage Deaoit Symphony Orchestra - Pops Concert Wuereo Gerald R. Ford Amphitheater When: 6pm - 29 Bravo? Colorado Vai? dal?ey Music Festiva9 496-0206 Wha4< Introduceion to Chamber Music IdI Where: The L,odge at Cordillera, Edwards When: 5:30pm . 30 Braeoo Co90rad0 Vail Va89ey Music Festeea9 476-0206 WhaBa Cbamber Aliusic Classics ffi ~ Waeree Chapel at Beaver Creek - , When: 6pm 30 3Il ~ Bravoo CoRoaado Vai0 Vallep Musec Feestivad 476-0206 ° WQua4e 3oiree IV W9ueeee Daly Residence, Vail Wlfneano 6pm AUGvST -1 :.Bmvoo Co?orado Vai9 Valley Music Festivig - 476-0206 - WQsa4o All Baroque Concert Wi1neree Chapel ae Beader Creek When: 6pm 2 Bravo° Co0orado Vai8 Va99ey Music Fes4ival 476-0206 W6na4o Soiree V Whereo D'Agostino Residence, Beaver Creek - - When: 6pm , . _ _ . - - . ; - , AUGUSV , M 24' Vail Invitatlonal Socxer Tournament 479-2280 ~ What: Top flight soccer teams from across the Western United States are invited to Vail for the 25th . yeari -Where: Eagle-Vail Soccer field, Vail Athletic Field and Ford Park. 2 Vail International Performance Ensemble Series 949-1999 What: Performances featuring internationally renowned _ couples from some of the worid's finest ballet companies. Where: Gerald R. Ford Amphitheater - • When: 7:30pm 3 Vail International Perforruiance Ensemble Series 949-1999 What: Performances featuring internationally renowned . . couples from some of the world's finest ballet - , companies. Where: Gerald R. Ford Amphitheater When: 7:30pm - 34 Tripte Crown 4-on4 Valleyball Tournament 9494280 What: All the Valley's Volleyballers digging, setting and spiking their weekend away! Men and women from begenner to top flight are invited. - , Where: Nottingham Park, Avon 34 ; VISION Photography Workshop with John Fieflder 4764255 . What: Intended for students of all abilities. There will be a slide lecture and field session concentrating on landscape color photography in this workshop. . 4 Vail International Performance Ensemble Series 949-1999 VVhat: Performances featuring intemationally renowned couples frvm some of the world's finest ballet companies. - - VVhere: Gerald R. Ford Amphitheater - dVhen: 7:30pm 4 Beaver Creek Summer Concert Series 476-7752 Where: Strawberty Park, Beaver Creek . 4 Bravo! Colorado dail Valley Music Festivai 476-0206 . What: Soiree VI Where: Rogel Residence, Beaver Creek When: 6pm - C ' AUGU5'T t 6 Be-avo8 Co9orado Vaill VaB?ey Music Festival 476-0206 Wha4e Chamber ARusic Classics IV Where: Chapel at Beaver Creek Wnene bpm 1 Beaver Creek Summer Coeacert-Serees-- 496-7752 Wflneiree 3trawberry Park, Beaver Creek 7-IlIl VI[SIOR1 Pho4ograptay Workshop wtth Ga6en Roeve9l _ 476-4255 What< A pho2o workshop ihat integrates slide lectures and field excursions with critique sessions. Where: • W9nen: 9 PaaeO Miac?ee99 Eveeeang oP Dance, Vail 949-1999 Where: Gerald R. Ford Amphitheater - Wheun: 7:30pm , - 9-IlIl Vau~ Open anaB Senfioa Teaenis Champeonshlpa 479-2294 Whag: This event features divisions in open 35's, 45's and 55's, and draws players all across the state w6o come for the competition and fun. You must be a registered US'TA member to compete. Where: Vail 'g'ennis Center ~ , 9-IlIl Chrysdeu- CaHanp Jeep ~ 476-Il000 Whate An invitation-only environmental festival of Jeep owners. Events will include 4-wheel dgive training, 41y fishing tesson, an arts crafts fair and mountain biking. Where: Camp Hale Ilo Kea9's Tr6agh9on 479-22$0 Wna4: A scaled-down version of ehe real thing, this event allows youths to compete in their own age - - = - - " - ~ groups; eesting eheir skills in swirnening, biking - and running. - Where: East Vail Racquet Club Whena 9am race meeting/9:30am eace begins 10 Paanl N4che9U ]Evening of Danax 949-1999 Where: Geeald R. Ford Amphitheater Wheno 7:30ptn _ . . . . - . . , . . . ' , . . . ' _ ' ~ j`; ~a :t ~ AUGL7ST ; 10-11 Beaver Creek Arts Festieal 476-4255 What: One of the most popular summer events held at Beaver Creek Resort, this is a juried exhibition ' of fine arts and crafts. Where: Beaver Creek Plaza - - When: 10am = 6pm 11 Bolshoi Ballet Academy at Vail, Student Performance 949-1999 Where: Gerald R. Ford Amphitheater , When: 2pm - ' 11 Beaver Creek Summer Concert Series . 476-7752 Where: Strawberry Park, Beaver Creek . 12-16 VI3ION Photography Workshop wfth Galen Rowell -476-4255 What: A photo workshop that integrates slide lectures - and field excursions with critique sessions. Where: When: 17-18 Eagle County Communuty Auction/Rummage Sale 476-5701 What: A community chest for the entire county, and _ A REALLY BIG community chest it is! Clothing, appliances, books, baby stuff, furniture and . baked goods is sold at a live auction. All the . proceeds go to non-profit organizations throughout the counry. ARRIVE EARLY! , ~ Where: Maloit Park, Mintum ' - - 18 Vail Athletic Club and Spa, 8k at 8,000 479-2280 What: A quick 8k through the heart of Vail Village! Bring your fastest shces and legs for this race. : Can you hold the pace at 8,000 feet? - Where: 5tart at Vail Athletic Club and Spa When: 9am 18 - Beaver Creek Summer Concert Series - 476-7752 dVhere: Strawberry Park, Beaver Creek 18-20 Jerry Ford Invitational Golf Tournament 476-6330 , What: The 20th annual Celebrity Pro-am Golf Toumament benefitting local charities throughout the Vail Valley. Where: Vail Golf Club & Country Club of the Rockies When: Begins with "Celebrity Shoot-Out" at lpm on 6/18 , + _ . . . ~ ~ °r AUGU~v e3~T 1 ! Il~ ~~~d & FAiends cCoaeserB 476-6330 . What: A sear-studded variety show! Wheree Gerald R. Ford Amphitheater Whene 6:30pern 2A "Ar4ists In 4Une Gaedeaa"9-vadfl- 476-0103 What: Recognized areists will paine scenes from.within ehe Gardens. Feee. WBueree Betey Ford Alpine Gardens Wifuens llam . 24 A~on Summea~Fest 949-4280 . What: Celebrating Sumraer vvieh aBIG RIANIE band, which has yee to be named, and a varieey of events in Rtottingbam Park.. 24 Se9euut Ae°Q Aucthon wath VV Gallesy Assmciataon 476-0103 What: The Vail Valley Gallery Assaciation and The Vail . Alpine Garden Foundation host a fundraiser, hors d'auvres reception and silent auceion. Wneree WRetns 24-25 Eag9e Coaaungy Community Auction/Iturnrnage Sa?e aontinues.ee 476-570Il What: Clothing, appliances, books, baby stuff, furniture ~ and baked goods..... AL.L, I'I'EN[S 50% OFFi ~ Wnereo Maloit Park, Minturn . ~ Be-aver cCreeEs Saurnmer Coneert 3eries 476-9752 . Wneret Strawberry Park, Beaver Creek 30-Sepg 8 V.A. Ten4 Sale 845-2640 What: VA's answer to a ware6ouse clearance! Brand new and used skis, bikes, glasses, goggles, softgoocls and ot6er sporting equipment discounted - _ _ - _ - A'Y' L,EAS'T 50%! - . ~ Wifaeree Mintum Wheaea 10am - 8pm 'II'EgD Jemie Hean~a Gotg IExpres§ 949-9192 What: Four-person scramble Golf Touenament helping benefit The Jimmie Heuga Center for AhS. Wheree ~eno . - ~ - . . . . - . ' . . , . . . . . - _ • . - - . . - _ • . - . . . _ . -p~~; AUGUST-SEPTEMBER :31 Mushroortn Hunt at The Lodge at dail 476-5011 . What: L.ed by an expert from the Colorado Mycological - Society, everyone shoutd bring a picnic lunch to enjoy while searching for wild mushrooms. After the hunt, the experts will educate the foragers on their finds and dinner (featuring the fungi harvest of the day) will round out the event. Where: The Lodge at Vail . 31-Sept 1 19th Annual Mlnturn Craft Fair.' : 827-5645 What: A family event featuring crafts, foods, chiidren's activities and carnival, to. help • raise funds for the Minturn Library and the ' Volunteer Fire Department. 31-Sept 2 22nd Annual Labor Day Softball Tourney 479-2280 What: Year after year, this event has become one of the most popular mountain so8ba11 toumaments . in Colorado. Both competitive and recreational . 'n divisions are offered to accommodate everyone. Where: Ford Park Softball Fields - 31-Sept 2 Vail Jazz Party , 949-5085 What: A gathering of musical titans playing for, and . interacting with, an intimate group of guests. , The Phil Woods Quintet, The Roy Hargrove Quintet, . The Kenny Banon Trio, Jay Leonhart, Benny Green... . the list goes on. ; Where: Vail Cascade Hotel & Club 'SEPTEMBER ~ 1 Rubber Duck Race, Vail Village 479-2279 _ VVhat: What a sight! 5,000 bobbing yellow duckies = - - floating aimlessly down Gore Creek sunounded by cheering children, dogs and other organized chaos! The event raises funds for the Vail Nature Center. Where: Gore Creek Promenade 1 Beaver Creek Summer Concert Series 476-7752 Where: Strawberry Park, Beaver Creek ~2 Adopt a Plant with VAGr, Vail 476-0103 . , What: Locals and visitors can receive a free plant from the Alpine Gardens. ~ Where: Betty Ford Alpine Gardens - VNhen: 10am ; . . ~ : .f-.;. i ` . . SE ER ~ . 2 Avoh's IFa@8 5h Foo4 R$ce 949-4280 W6aaHa A five-kilometer run around NotYingham Lalce. 6-~ BudLighB ~S Towa Championships 476-Il233 Whate Wheree - Wheaas 9 Beaaer Creek cCulin~~y Fese6va? 845-5953 Wha4e Culinary delights offered by Beaver Creek reseauranYS. • 9,8 Beaeer Cu~eek 'd'a~o Day Music Festiva8 476-9952 . Whea°ee Serawberry Park, Beaver Creek Il6-2Il Co9oeado Grauud - 1,000 Mle Odyssey - WQuaQo W?nereo Wneuua 21-22 Vail Oklober1Fest 196 496-1000 W&nato What better place to have a celebration of . German and Bavarian heritage than our own Vail i/alley? The Bavarian and alpine villages of Vail and I.ionshead come alive at the height of autumn color as Oktoberfese brings Vail outdoors. A o sereet festival with entertainers, bands, children's ~ aceivities, greae food and, of course, the tinese beers of Germany and Belgium. Where: '['hroughout Vail and Lionshead Villages. 22 Vail Moun4a6n SCShooB Home Tour, 25th Aneaaversary 476-6126 , W8nato 'fhe 25t6 annual Vail Mountain Schoal Home Tour raises scholarship funds for Vail Mouneain School studenes. 'd'he tours will eake 2-2 1/2 bours and _ - _ - - - _ tour 'six of ehe most elegant homes in Vail. - - Transportaeion is provided from the 'franspoatation Centee from 10am - 4pm. 22 Vail TraiD Runn 479-2280 : Wna4.o A beautiful lOK run winding through golden aspen and evergreen conifers on the lower slopes of Vail Mountain. WQue¢eo Start at Alfalfa's Market in Crossroads . Wueeno 10am _ . . . _ , _ . . . , . , : : ~ SEPTEMBER-OCTOBER ~ - ~ 26-29 .Dlmmie Heuga's Toyota Mountain Bike Express Pro-Am Finals- 949-7172 What: Where: When: - . ' 29-Oct 4 EXPLORE, Beaver Creek 1-800-298-4242 What: A learning vacation for adults over age 50. . Topics ezplored include global political issues; history, astronomy, music, creative writing, Native American arts, cooking, and photography , . with John Fielder... ; Where: Hyatt at Beaver Creek . ' OCTOBER - - 4-5 Minturn Jazz & Blues Festival Begins! 827-4224 ; What: . Where: When: 11-12 Munturn Jazz & Blues Festivai Continues 8274224 - 18-19 Minturn dazz & Blues F'estival Continues 8274224 ~a . 25 Minturn Jazz &Blues F'estival Continues 8274224 . I 26 The Haunting 9494280 What: A scary, fun tour of a haunted house! Where: City Market, Avon . When: 6 - 8pm - - J NOVEMBER - - 1-2 - 'Minturn Jazz & Blues Festival Continues 8274224 8-9 Mirnturn daza & Blues Festival Continues 8274224 _ . .k refguide\summw.96 . 04/02/96 . dd d~ TOWN OF ~AIL 75 South Frontage Iload Vail, Colorado 81657 970-479-2100 FAX 970-479-2157 MED@A ADVISORY April 5, 1996 Contact: Suzanne Silverthorn, 479-2115 Community Information Office TOV COMMUNffY SURvEY 70 HiT THE MAILBoxEs NEx~ ~~EK The Town of Vail's ninth annual community survey hits the streets next week. The 50- question survey asks individuals to prioritize and evaluate levels of satisfaction for numerous services, such as street repair, snow removal, bus service, police and fire protection, development review and library services. Respondents also are asked to provide their opinions on affordable housing policies, sense of community, regionalization, the condition of the Vllest Vail Interchange, utilization of Ford Park and suggestions for addressing the town's flattening sales tax revenues. Comments will be used to help establish budget and management priorities for 1997 and beyond. The survey was prepared with the assistance of RRC Associates, a Boulder-based research firm, following input from four focus groups representing 40 community . members. The survey is being mailed to approximately 5,000 residents and business owners, plus another 2,000 second homeowners. Anyone else vuho would like to fill out the survey is welcome to do so by calling the town's Community Information Office at 479-2115. The deadline to return the survey is April 19. DON'°it' F0RGET Af~OUT TBiE PULBS/GOLF COUFiSE BFiIDGE CLOSl9RE Beginning Monday (4-8), the Pulis/Golf Course bridge will be closed to pedestrian, bicycle and vehicular traffic until July 1 to allow for demolition and construction of a new bridge at the intersection of South Frontage Road and Vail Valley Drive. All - vehicles will be rerouted by Golden Peak at the Blue Cow Chute entrance to Vail Valley Drive. The $600,000 project is funded by an 80-20 (percent) federal grant, with the Towrn of Vail picking up $125,000. Once completed, the bridge will be widened to accommodate the turning movements of larger vehicles, in particular, Town of Vail buses. The project also will include numerous aesthetic improvements in serving as a gateway to the Golf Course. The project contractor is Duckles Construction of Steamboat Springs. For specific questions related to the construction, contact Greg Hall, town engineer, at 479-2160. # # # RECYCLEDPAPER bring ~ ~ ¦ 1 ^ , • . ~ ~ i . _..~~l.rfit~`ee"~, - ~O µp~~-~(;fl~~~~~~ , . ~ ~'ncu~°j` S~B,~- k.~.xS~• ~5 g„!c?~, 41 ~ ttans=an~d~tlie events t~?ey spoa ~SOI,.~~?T1Rga„~ilt S'D11~10J18 f~t IM'ft[}~i! ~il~?Sr .+~t~it#~:r^Hv~;`~'^^'"?n~„i~i ~ sway, by m~ , V~y~ ~ , 'A~~N?~`~lOi~dOyB?=i„~# ,$ilSiffES$j.' ~esescch"~ivision;'vffas done.for;; tlee~'~A.sgensnow~ass`; Couit~~ln !ff}I ~"ys`s,}2B~ ;~?alway's`rbeylievecl'~tha"t`:local ~ - : ~argaiuzaaons~.and~theuraudi ~ence's~contri.biite..greatiy xo:.-the:: y { ~Rbby 'Myler president~~of~ the s'arts:' y .prpvgs !that~,we~ ~ ~zwere°;nght the arts.are an inte r; .1-11 ~gra1 Part>af-both the culturalaand r econouuc health of ttus,commu a, K f. _~~j ~S2 4v•~ `£r ~ ~v,. . ~'''.M~ ~'~e yxLy.;F; y~''a ' . . . - _ _ : . . . - . ~ . . . , . .~Il O~$1~ _ • another record snow ~+ear and every morning dre locals and . ~ ' I was sa . to:a.friend:of mine the other daY shat:~e ski who , tiavel the Town of Uail probably, g of the nice'things,ab,Out liviog in a iess:"~opulated.area?was fail to norice that°our;streets, and wall~ways,without fail:are : d~at the local`pol~tics were mudi;siean: I havealwaysfelt, :~ways clear for a safe acrival herein Vail. that if a candidate can't win a race 6ased on tus or hec mer- P?s I reflect back tmugh the yeais, I iiave seen many its, then he or she should not be mmning. repairs and-upgrades_perforcned by this depamnent and we ABSOLUTELY nQtlring icritates most voters more,than afl Pass over the areas that these pmfessionals from the pub-' a candidat~, garty or,:speci~l intieiest groap~.~iigging up _lic works departmen[ have completed. We take for gisiited~` ihings from an opponent's past and:somehow-leaking it to atkd grow,to expect this quaIity and always get tfieir bast and the press:,It:gives us a message:abaut~ the charac[er of the,:: -nothing-less. ; - . , . . . , . : candidate if this is, the only way they dunk they ran win! IF" A big thanks gaas out to all of the,public works depart- ' say if you are the type-of pelson to use those tactics, then ment employces forianother great. season and most of, all . ; . . you should sign your name their helpful, professional attention to die town.'.s nceds. Ananfle lEgkn Steve:iVlcSpadden - . . . . EgHe Vail'Manageanent Co. Kudos. to public worki foll~~1'~` : Thanks, Mad 1Viountaui oi°gB~eTs . On a°cecenU commute to _Vail, :I observ eB several "=.Oii behalf of the Mad Mountain Marathon txganizing: .employces frvm the public works.clepartment worldng dili- committee, I would like to heartily thank all the volunteers~: gendy on a trash detail along Interstate 70.'Ihis is a joti that who made this eventpossilile. Without your dedication, would not be necessary, if, paople would use.their trash bath on.and off the hill, this exhilarating event.would not receptacles instead of the trighways. . work. Thanks to qou; many spectators and 3%39 pacticipaats . . . . . As'I passed by, I'found myself thipking this is a g~up..,=,. enjoyed. an -action-packed and fun-filled day, of staing and - that seems to taZce on any duty asked bf thern and complete <; ; great company it withoaf any questions.asked-in a pi-ofessional-fashionr I,. .-Rick-Bolduc: am sure we all take for granted we have just gone through MMM orgaaeiaing comtnitttee . ~ 'q~-n . V~~ . ; , s CLE INTERNATIONAL ¦ Mountain & Reso'rt Development The 3rd Annual Conference ~ ~ Keynote Speakeya June 13-149 1996 John Frew9 Pyesident Vail Cascade Colorado Ska Country USA Hotel & C8ub CLE INTFRNATIONAL 12 Hours INCLE Credit 1541 Race Stree[ BULKRATE 5uite 100 Includeng One ~lour of Ethics usP~DGe Denver, CO 80206 12 p~ours DRE Credit DENVEI~CO PERMCi M3649 The 3rd Annuag Confewence b Mounta'i'n C4404$ , c~~~D o lwm & Resort SOE A00LIR x~~~ TOIaN OF VAIL CCP!M DEU C-PFT Deve,opment VAIL CCC81E57-5043 0- ~o-bA . June i~ ~-1 49 1996 on'VaoU Name: . Bar No.: State: IVame: Bar No.: State: REGISTER NOW! Name: Bar No.: State: Firm: FAX: (303) 321-6320 Address: City: State: ZIP: MAiL: CLE INTERNATIONAL Phone: FAX: 1541 Race Street 1 cannot attend. Please send me: Suite 100 Denver, CO 80206 Complete Homestudy Course: o Videotapes and Materials, OR o Audiotapes and Materials o Course Materials Only Pf-10NE: (800) 873-7130 Payment of $ Enclosed, or Charge my: ? VISA ? MasterCard Card.No.: Signature: Expiration Date: 01996 ClE 1NT ERNrT ION AL , T H U R S D A Y , J U N E 1 3, 1996 ~ 8:00 - 8:30 Registration 8:30 - 9:15 INTRODUCTION AND OVERVIEW Bruce L. Likoff; Esq., Program Co-Chair Current Issues; Colorado Common Interest Ownership Act Holme Roberts & Owen, Denver 9:15 - 10:00 RECENT DEVELOPMENT TRENDS Peter )amar, AICP, President land Use RegulaUon; Growth A4anagement; Development Peter Jamar rtssociates, Inc., Vai! 10:00 - 10:30 PERMITS Kevin B. Lindahl, Esq. Wetlands; Species; Forest Service Lindahl Associates, Eagle 10:30 - 10:45 Break 10:45 - 11:30 REGULATORY TAKINGS Thomas Ragonetti, Esq. Vested Righcs Otten, Johnson, Robinson, Neff & Ragonetti, Denver 11:30 - 12:15 SUBDIVISION STATUTES Rebecca Anderson Fischer, Esq. Recent Legislation; Exemptions; Update on Sherman & Howard, Denver . Interstate Land Sales Regulation; Disclosure 12:15 - 1:30 Lunch Break 1:30 - 2:1 S KEYNOTE PRESENTATION: John Frew, Esq., President THE FUTURE OF THE SKI INDUSTRY Colorado Ski Country USA 2:15 - 3:00 BUYING MOUNTAIN PROPERTY Beat U. Steiner, Esq. The Obvious, the Unique and the Obscure; Due Diligence Steiner, Darling & Hutchinson, Denver 3:00 - 3:15 Break 3:15 - 3:45 FINANCING OPPORTUNITIES Ira Sampson, Executive Vice President Recreational rlrea and Residentia! Financing Sonnenblick-Goldman Co., Denver 3:45 - 4:30 CONSTRUCTION ISSUES Durward E. Timmons, Esq. Project Delivery Methods; ldentification of Claims;. Sherman & Howard, Colorado Springs Delay, Disruption and Acceleration 4:30 - 4:45 QUESTIONS AND ANSWERS - A PANEL PRESENTATION Members of the Faculty . L O C A T 1 O N & A C C O M M O D A T! O N S The Seminar will be held at the elegant Vail Cascade Hotel & Club (formerly the Westin Hotel), 1300 Westhaven Drive, Vail, CO 81657. The hotel offers many summertime activities, including access to Vail Valley's five championship golf courses and a full-service health facility featuring a 30,000 square foot health club, four indoor and three outdoor tennis courts, rac9uetball, s9uash, and Nautilus. Close bY You will find shopping, mountain biking, and more. A block of rooms starting at the special nightly rate of $115 has been set aside until May 29. Far room reservations, please call the hotel directly at (800) 420-2424 and identify yourself as a seminar registrant. P FR~DAu , TUNE 1 41 1996 b 8:30 - 8:45 IN7RODUCTION Robert A. Holmes, Esq., Program Co-Chair Fairfield and Woods, Denver 8:45 - 9:30 MASTER PLANNED GOLF RESORTS Douglas A. Dodds,.Esq. Goif Course Management Agreements; Morgan, Lewis & Bockius, Los ,9ngeles Struciuring Developer Controi; Allocation of Golf Membership and Use fbghts; Special Provisions in Declarations of Covenants, Conditlons and Restrictions 9:30 - 10:15 CASE STUDY: WIfVTER PARK VILLAGE Michael J. Repucci, Project MMlanager U.S. Forest Service Land Exchange; Winter Park Village, Inc., Winter Park . Development tifaster Planning; Coordination With Land Planners, Architects, and Engineers; The Changing Face of lvinter Park ' 10:15 - 10:30 Break 10:30 - 11:30 CURREMT ISSUES Harry B. Mosgrove, President & CEO Dealing With Growth Management; Copper Mountain, Inc., Copper h?ourtain Employee Housing; TransportaUon; Michael J. Repucci Financing . 11:30 - 12:30 ETHICS COIVSIDERATIONS Mark H. Boscoe, Esq. The Role of the Lawyer and Arnold & Porter, Denver the Real Estate Professional . 2:00 p.m. COLF WITH THE fACULTY CLE INTERNATIONAL rs organizing rounds of golf for the faculty and registrants. For information abouc . location, prices, and times, please call CLE INTERNATIONAL at (303) 377-6600. Dfq F ~~~A 70 0 N REGtSTRAYION TUITIOM Advance registration is recommended, anci you are encouraged to mail The [uition fee of $495 per person (or $425 each for two or more ` in your registration early. Or simply call in your registration or homestudy registrants from the same firm) includes actendance at aA sessions, course • order to (800) 873-7130, or FAX the Registration/Order Form to (303) materials, continental breakfasts, and coffee breaks. CLE 321-6320. Full payment must accompany your registration. Walk-in INTERNATIONAL offers governmental group rates and special rates for registrations will be subjed to space availability. Please call CLE full-time judges and law students. INTERNATIONAL a[ (303) 377-6600 if you require any special accommodations. Our E-mail address is cleintl@nilenet.com. COMT[NUlNG EDUCATIOPd CREDIT ;Iv4CLE/DRE) ' MCLE: This course has been accredited by the Colorado Board oi H0AhE5TUDY PACBG4GE Continuing Legal and Judicial Education for a maximum of 12 hours of CLE INTERNATIONAL also offers a compiete video or audio cassette credit, of which one hour will apply to legal ethics. For accreditation in transcript of the Seminar (including all course materials) for $49; plus otherjurisdictions, please call CLE INTERNATIONAL at (303) 377-660,0. $10 shipping and handling. The course materials alone are available for DRE: This course meets the requirements for 12 hours of credit trom the $75 plus $5 shipping and handling. Colorado Division of Real Estate. CANCELIATION POLICY ABOUT THE SPONSOR Full refunds (less a $25 administrative Charge) will be given if notice of CLE IPITER(VATIOfVAL, a leading provider of continuing education, has cancelfation is received by 5:00 p.m. on the Friday preceding the been presenting high-quality professional education programs Seminar. Substitutions may be made at any time. nationwide since 1983. . MountaminResort Development' A B O U T T H E P R O G R A M Information You Need Topics to be Covered: In ji,st two ciays, leam how to cJeal successiully with the cc>rnplicatecl Reeent Development Trends legal issues relating io mountain and resort real estaie clevelopment. • permits An Outstanding Facuity Regulatory Takings l hc regirm's Icading experts and practitioners will Isseinble tr> provi(fe concise, a,rrent information, answer your questions, ancf ? Subdivision Statutes orter practical solutions for overcoming obstades, as well as examine Buying Mountain Property new development opportunities. The Future of the Ski Industry Excellent Course Materials Financing Opportunoties In addition, each attendee will receive a bound set of course matenals, prepared by the faculty especially for this conference, to Construetion 9ssues use as a study guide and to keep as a valuable tuture reterence. Master Planned Golf Resorts Who Should Attend Case Study: Winter Park Village This Seminar will be invaluable to private practitioners, Current Issues entrepreneurs, governmental otficials, lenders and financing ~ Ethies Considerations specialists, consuftants, real estate developers, land owners, city planners, investors, and real estate protessionals. ' C L E I N T E R N A T I O N A L F A C U L T Y ROBERT A. HOLMES, Program Co-Chair, is a Director anel Shareholder KEVIPV B. LINDAHL is the founder of,Lindahl Associates. Formerly, he in Fairtielrf arxf Wocxls, practicing commercial real estate law. f-le is past senL~cJ as the Cagle Coiuriy Attexney. He has negotiated and dosed many c:hair ot the Keal Estate Law and Tidcs 5edion of the Culorado [3ar real estate transactions. Asscxiation. HARRY B. MOSGROVE is President and CEO of Copper Mountain, Inc., • BRUCE L. LIKOFF, Program Co-Chair, is a Member of Holme Roberts Chair oi.the Boa'rd of Colorado Ski Country USA, and President of the 8 Owen. He is experienced in commercial leasing and real estate Board of Ski the Summit. • tinance, including numerous propeRy acquisitions and sales. TNOMAS J. RAGONE7T1 is a Senior Shareholder and Director of Otten, JOHN FREW, Keynote Speaker, is President of Colorado Ski Country Johnson, Robinson, Neff 3 Ragonetti. His practice includes complex U5A. Formerly, he practiced with the Denver law firm of Fairfield and govemment approvals and large scale development and construction. Woocls. He has played a leadership role in numerous civic, political, and MICHAEL J. REPUCCI is the Project Manager tor Winter Park Village, govemmental activities. Inc., the real estate development subsidiary of Winter Park Recreation MARK H. BOSCOE is a Partner of Amold & Porter, where hic practice Association. He has responsibility tor the planningand development of concentration includes.real estate developrnent. Hc has been a member Winter Park Village at the base of Winter Park Mountain. of the Colorado Bar Association Ethics Committee since 1989. IRASAMPSON is Executive Vice President and founding Partner of the DOUGIAS A. DODDS is a Parmer in the Business and Finance Section Denver office of Sonnenblick-Goldman, a real estate investment bank. of Morgan, Lewis & Bockius in Los Angeles. He is ac[ively inuolved in BEAT U. STEINER is a Member of the Derner law firm of Steiner, Darling resort and goli course matters. & Hutchinson. His practice focuses on_real estate and banking matters. . REBECCA ANDERSON FISCHER is a Member in the Business and Real He has been actively involved in the purchase, sale, financing and . Estate Department of Sherman & Howard. Her primary areas of practice development of numerous resort properties, including ski areas in include resort planning, development and marketing. Colorado, Califomia, Vermont, and New Zealand. PETER JMMR is President of Peter Jamar Associates, Inc., a land.use DURWARD E. TIMMONS is a Mernber of Sherman & Howard. consulting tirm based in Vail. He has been involvecJ with land use Formerly, he was Regional Counsel for the Federal Highway • planning and development issues in mountain resort areas for 18 years. Administration, where he specialized in construction contracting. U P C O M I N G S E M I N A R S REGULATORY TRIAL CONTAMINATED BUYING/SELLING TAKINGS BY JURY PROPERTY A BUSINESS APRIL 25-26 MAY 2-3 MAY 16-17 AUGUST 15-16 DENVER DENVER DENVER DENVER MARK YOUR CALENDAR NOW! FOR INFORMATION, CALL (800) 873-7130 ti Get outyour-snor9c~o 3-A., - - = ...The latest dope on meth: RECEIVED APR 8;-;99g6 ° ' ASPER TIME o ~ Vol.. 117 ° No. 14 ° April 6 and 7, 1996 ° 25 Cents . . 0 ; .d f., ~,y . . ~ rth,9 t° y-s~i$" .O • j~f ; 1 ~ a , . ~q fr ` '~w~ ~ ~ r ~5.+ . f - y ~ d' • . `~p0 ~ . ' y ~ - `~~x . "7 I F:, i ~a~r 4 r ~ ' ..et f? Y~ ~ ~r ~ . ~ . . i'\ ~ v ' .'.'J''~, i~s?••- ~ g, r. ,c.. '~•~'~t' . ~t'`'~ . - - -=r4a'••7 ^.~pgv~.:. What do the arts ~ ~ Mean to ASpen9s . ~1 economy~ ~Ilefllionso ~ ~ er Janet urqunarc Aspen Trmes Sta/I Writer - T he arts: 'Ihey're not just good for the soul anymore, they're good for the wal- let as wcll. With that message, the local arts mmmunity may be rescripting its . approach to fund-raising and shifting the spot- • 2'` light to its Irss aesthetic benefits. ~pe Those bencfils took center stage this week with release of an indepth rcport on the eco- a;;' - nomic impact of the arts in Aspen/Snowmass. ,.~~i;:'• , . ~'t. \ • Its conclusion, in a word - make that a number - is $59.6 million. That's the amount of money pumped into the . -r:;,:~;~±* ;p.•- . l o c a l e c o n o m y l a s t y e a r b y t h e a rts i n A s p e n a n d p~>',,: Snowmass Vllage, acoording to the study, which was mmmissioned by the 21 member organirrtions of the Aspen/Snowmass Coimcil for the Arts, along with the A,tipen Chamber Resort Association,'Ihe Gant condominiums, the Aspen Foundaaon and the city of Aspen. "Ihe council contracted with Richard Wobbekind, dircctor of the Business Research Division at the University of Colorado at Boul- deti to collect data on the dollars spent by the arts groups themselves, as well as by the audi- ences they attracL Wobbeldnd's bottom line comes as no sur- prise to those with close ties to the arts com- mtmity. 7tiese people have long believed that Photo illusrration the arts are more lhan just "something to do in O~brued on ~ 14d by David Sessions and Roy Willey. . 1" 7he Aspen Times • SanrrdayLSunday, April 6-7, 1996 _j The Cover Story ~ . _n. . . . ~ CO^ti^ued fro^ PagB 1-A arrivc at a tolal cconomic impact oC $18.6 the summcrtimc" - thcy hclp crcatc a levcl million in dircct and sccondary spending ` of vitality that could not exist with skiing accordingto Wobbekind'smethodology. 1]''~1A~~s1(~~']r.1.a7i.bV11~ : alonc. Thc spcnding multiplicr of 1.6 mcans that . ~ v va.a.s . "It rcconfirms aun celicf - the art5 hcl - . ° p cacii $1 spent hy arts gc~ups crc2tcd an adJi- . . . ~ ; ' : : . . . ' • ~ kecp Aspcn's restauranLs, retail and lodging tional GO ccn~s of spending in the local econ- (,han earizer :effort by ~'CAH , alivc in the summcr omy. It was dcveloped . . . . . . . months,•, said Annc ChaP- worth? hy the U.S. Department man, cxccutivc dircclor of of Commerce, Durcau The mntribution Of'the.arts to the'Pitldn;County,econom'y.,is faz from a'static the Council (or the Aru. of Economic Analysis, fguie;"if:thp:msulEs,of a newly:relcased:siudy on.Uie.local impact of ihe arts is 71ic council has always . based on state census ~mparecl to s state surdey eondueted in 1989 bclicved that local aris The arts, um ed almost_$60million mto the~As ?USnowmass:economy:in;.. information from Col P, P pe y.•.:•.,•, gmups and thciraudicnccs oradoskicountics. ;.1'995;~according,ta the'recently.,;completed study;:cond.ucted'by Richatd play a kcy rolc in the cmn- Similarly, the 'Wob6eldnd, directorof te-Business Rasearch D~y~sion at the Univcrs~ty of Co1- : omy, according to Robyn oia86 at Bouldet . study estimaled spend ~ Mylcr, presidcnt of the "Irt 1989 ing by audience mem , the CtJ-$ouldBT Business RraelTCh Divtsion cqnduCtcci*,a state'wide council's board of trustccs. bcrs at $25.6 million, stqdy on ttie;economic impactof the aris on behalf of the.Colorado;Couneil on'.f "niis study pnovcs Qiat ~ which was also multi- .`die Arts and`Aumnnitie's:.That sfudy inelnded a section on`AspeNSnowmass that::;: : gh t; the arts arc plicd by LG to arrive at focpsed.on.seyen,:local atts organizatibn5'and audiences`.and'estimated a: wc wcrc ri 'total`.;;: an intcSral Part of bolh the cultwal and eco- act'ofsome$29:t1Uon the $40.9 million total. The sum docs not im , , P nomic hcalth of this mmmunity," she s:,id. include ticket purchases or oiLer spending at ' fie:19$9;study,used a;highe.r spendipg;multiplier.of-1.4: rneaning'.aetuaT;::... "It putti a lot of validity into what wc in the the arls evcnts themsclves, but rather, repre- arts re lated; expendihues weie.mul6plied by,1:9: io amve`at the'$24'`im,lliott's`um arts community havc bccn saying,° agrced senLs the additional dollars spent by patrons • The 1liultipltet tpe2n§ for°evety $1 Spent, 8n addihpnal'9Q Cettts.in'.secondary ' Robcrt liarth, president of the Aspcn Masic in the community, according to the report. ; e,zpenditiues;was_ c5lculated into.the_totel:. : Fcstival'snd Schcwl. " It's nicc to havc - The~rieiv,est study'used a mul4pfler o£ 7. 6 somc documcnt~tion to back that up." Readjusting ihe 1989 total by usmg the 16 multipLer for companson purpos Thc ncarly $60 million which es:would'result m a~$20:5 mithon impact for to`the arts iii Aspen/Snowmass.in rescarchcrs concludcd was the arts' "Our arts are woven into the 1989_ . contribwion to the cconomy in 1995 ;.:,~Howeve4;since~only.seyen<Iocal.aiis;orgaaiiaGonsparticipated=iii.thc:1989'-.. came from two sources. Aboul $18.6 fabrie of the eommunity - 'sur4ey; one,of whiefi no longer esists, and'only 35 audience surveys,were;';~:; million was spcnt by the arts organi7a- _ .;refpcnCd'.from:tNe four otganizationS.Ulat cxillected_theitY;at arts'events; it'.s•diEfi-: tions thcrosclves and ncarl $41 mil- " ' - • Y It's what separates us grom c,u~i;to make meaningful eouipansnh.,'to the,:ie$yits:of-tHe"latest`study; according.; . lion was gcncratcd through audicncc to the Aspen/Showma5s COUncil fo[ theArts ~ spcnding, according w the report. Other mountain resorts. I The new Pitkin Countystudy, commissioned.by the codncil and several other , Budgct information from 15 arts ~ :erispoce nsOrs, involved.analysi,s;of th,e.budg'ets of 151oce1 arts.gtoups'and 2,099audi- S P Y ~P g want to keep that. ` rou s was ana zcd. Pari~c~~ aiin survers c'rculated aC:cv.enfs:pmduced ~yseve.n AspeaSno as , . wins arrorgani-° wcrc: the Andcrson Ranch Arts Ccntcr, zations in.1995::;-, `.i:,`.'::.'?', , , ,d., < Aspcn Att Muscum, nspcn t litcoricat - Robert Harth, lteseareHefs fpund the averaje uidividual who attends an art event m As Socicty, Aspcn Music Pcstival and ' Pep+•;~-,`. Aspen Music Festival and Schoo! • sgudb as;a concert at e Music Tent or a show at:the'Aspen Art Ivlusewspends School, DanccAspcn, 7azz Aspcn j'$25"on-tlckets and`.conc,essions:'at the, event:and a6out;$120.outsiJe:the erfor-,,i ' Snowmass, Aspcn IIallct Company and P ...:6 : l mance;on oiigirig, shoPP1nS; 'dining,;eic.;:: School, Aspcn Community and Insti- . ~ , ; - ` At the siate level; the.1984 suivey calculated the total unpact of the~arts indus- tutc Committcc, Aspcn Community ' in Ciitorado at $238.8 miilion:.The:Golorado;Couiicil on:ihe, Aits and Haman=::,,;. Thcatrc, Aspcn Pilmfcst, ASpcNSnow- ~5' . ities~is,.cnrreritly conducting its<fisf statewidejanaly"si,s of.ihe economic: im.pact of mass Council for the ArLti, AsPcn Writcrs' Thc spending habiLs of atts patmns, along, the arts since 1984; according to ]ohn Willnne, associate duectot Foundatiun, GrastiRcx>Ls TV Network, Intei- wilh information on audicnce demogaphics, e Couneil;hopes io compile,tbe data.tllis'§ummey he said.:, :'1. ..<c ' national Ucsign Contcrcncc in Aspcn and camc from survcys of audience membcrs. A:' Nationally,the aits pump.an e'stimated $37 bitlion into the U.S. economy;and 71ic Acpcn Inatilutc. total of 2,099 audicnce surve}' forms were c[e8te:'1'3;million J'obs, rePrted Charles:Ber : . . . . - . . ~ . gman duiing,arr?PPearan ' ce in Aspen; filled out and turned in at 1995 summer Cold eash evenls. ' , . : _ , . . . : . . nciu:~l catih uutlays hy the organizatioas 'ilie ncarly $41 million in audience spend- ~ Bergtn is execuhve vice. pres~dent,and ehief ~operating o~cer of T'he Pol totalcd $11.6 million, accordinS ro the analy- •i~FQUndaRpn. Th~'prrv~te founclattott aids visual att~sts;internatioriat ' ing last year includccl moncy spcnt on Icxlg- s y-,; sis. 71~;u includcs munc . nt on cr.~onncl, ly. F~is loca eppearance was''sponsoied;by;the,Aspen/Snowmass;Councii for,ttie..:"~i Y•?~ P ing, dining an8 shopping, ctc. Survcy icsulcs Arts.and the Aspen Art Mtiscum.~:;=` . [oud, huiitiing, officc spacc and the dircct showcd 77 pcr(:cnt of arls patrons bought a • ~ . , _ net Urquhdit , ant of pmducing cultural cvcnts. That $11.6 mcal or drinks beforc or after the event, a milliun sum was thcn multi licd b 1.6 to • • • P Y p cont(nued on /ollowing page . . . • . , ' ; • THE B 1 R D B itA 1 IN . _ ¦ ~ )ULIE WEISS MURAD ~ /`R'XJ 12 INVI'i~D A... AVIAN BEHAVIOR MODIFICATION PosT OFFicE Box 11477 ~ GROOMING ASPEN, COLOR/1D0 81612 CAGE CONSULTATION PtAY THERADY (970) 923-2140 (sus) ' NUT0.1TIpNAL (OUNSELING (970) 923-8952 (HOrnE) ~ RErEanAis (970) 923-8954 (Ffvc) The Birdbrain is a complete resource for all of your pet bird.necds. Wc carry Max Snax, Crazy Corn, Zu ~ Precrn Avian Maintenance, and many other excellent products for your birds' physical and psychological -rp '(jENEFIT-r-iE 1NIL'DvdOC1D ~`-jCf-IOOL well-being including a huge selection of creative and safe toys sized from Parakeets to Macaws. 8:0& Moo All persons interested in companion bird animal care, li:cly discussion groups, problem sharing and solving, ~u VW71 reference materials and seminar iniormation, please call ~ Jilv'L ulie to join Ihose already interested in creating a forum for this hobby. es~rrt~wce UPCOnIING: AVIAN BEIIAVIOR CONFERENCE APfiI 19, 20, 21 in Denver featuring Mattie Sue Athan, Frlo' author of Guide to a Well-Behaved Parrot; Sally ~~-~Y5• G ~ Blanchard, founder of the Pet Bird Information Council •~~SgENO~'4j 1 AeS~S• and publisher of "Pet Bird Report" and Chris Davis, a pioneer in the field of avian behavior in a benefit for ~ The Alex Foundation and Dr. Irene Pepperberg, as IN O~ ~INE ~ recently seen in the PBS Nature Series, "Look Who's ~ PI„g/~SE NO P^1wjN6 Talking", as well as The Smithsonian Magazine and Or.i t-WzooN G'RWK 11"40. National Geograpliic. o DONATION9 VY@I.rGON4E s Tickets availaUle locally from The Birdbrain " . ~ SonudayS+mday, April 6-7, 7996 ~ The Aspen Times 11; ~ The over Story . ? enntinued Irom prevlous page thcir primary purpose for visiting. Mother role in the local cconomy, Carlson addcd. the study pmjccLs a tut1l job contribution ~ while 57 pcrccnt indicated they had gonc 11Z pcrccnt came to visit family or friends. 93 full-time positioac and 174 part-limc pxca shopping before the event or wcre planning Presumably, dollars spent by lhose who 9hebtgp6ctuee With a{abor forcc, expcnses, rcvcnu to go aftcrward. did not mme to the arca with an arts evcnt as While the proccss of pinning down the forecasts and bottom lines that look better i i.odging expenses make up the greatest their primary goal cuuld have made their economic impact of the arts in Pitkin Counry black, the arts organi7atioac function like an sharc, a1 $13.8 million, followed by food and way inro local cash registers anyway. "Ihcue is a complex procecs, so is the task of dcter- olhcr basiness - a rcaliry Ihat is somclimc eirink pureha.ecs at $5.5 million and shopping visitors' purchascs, however, are incorporat- mining the role the arts play in the county's lost on the gencral puhlic bccause of thci trips valued at $4.9 million, acmrding to the cd into the total spcnding attributed to the overall emnomic Qicture. nonpro6t naturc and fund-raising effort~ smdy. arts. Last year's sales tax rcvenucs in Aspen Chapman said. Sixty perccnt of thosc surveycd came That's a difficult vaciable to address, teflect tota{ taxable saVcs of $320 million, from out of [hc state to spend their tourist admitted Wobbekind. A visitor who attends a while Snowmass Village recordcd $99 mil- Donation ov inves4rnen4? dollars herc, while 20 percent were from concert in Aspen and has dinner herc beiore- lion in taxable dollars spenL The approxi- Now, morc lhan cver, the arts communir clscwhere in Colorado and 20 percent were hand may have dined out in Aspen even if mately $60 million generatcd by the arts wants to makc Pitkin County acutcly awai. loral residents. therc was no concert. would conslitute 123 pcrccnt of the com- of its mntribution to the rcgiods ovcrall ecc• "I could nevet honestly say they would bined taxable sales in the two mmmunities nomic hcalth. Wilh funding from the Natiur. Wpea rum 9hesa peaple? never have spent Ihat moncy anyway,° he last ycar. Thc surveys also indicate nearly 75 per- said. The Aspen Appraisal Group gcncr- cent of the Aspcn/Snowmass arts audience is "But you do have a major chunk of pcople ates another mcasure of the local econ- over age 40, with the 61-and-over age goup who come in just ro see arts events and thaPs omy - the gross arca product - "B ~~~~d h0pe F/m~ chePUsh represcnting the single largest category. a boost to the eoonomy," Wobbekind added. derived from a combination of facto[s, Annual ina>mes varied widely, although by "It helps provide summer tourism that bal- induding skier visils, rctail sales and the artS fOr vyha$ they do ¢oQ far the largest numbcr earn an impressive ances with the winter demanJ for tourism" bnilding construction. Thc group's $165,000 a year or more. The arts audiencc is Wobbekind would get no argumcnt 5om 1995 report placed the AspcnlSnow- ~uir lives - ouP soBl10s - l1Q0 also wcll-educatcd, with 83 pcrcent of the Doug Carlson, chicf financial officer for the mass economic output for 1994 al rcspondcnes having earned at least a college Aspen Skiing Ca If anything, the study's $1.46 billion. addetlOn tO wha$ Ot doeg, ¢oP degrcc and morc than 20 pcrcent holding conclusions understate the impoRance of the "I think we would still be a ski town doctoratcs. arts on the economy, he said.: if the atts went away, but we'd have no _businessvA In short, Aspcn's arts audicnce is rapidly "if we were just a simple ski town, I don't where close to a$1.4billion economy," aging, rcasonably wcalthy and impressively think we'J be positioned as well as we are;' Carlson sa;a. - Henry Young DanceAspen directo% wcl6educatcd. Carlson said. "Being a year-round resort is Beyond the onslaught of numbcrs, According to the audience surveys, 35.6 rcally key. 71iat kind of strong economy is however, is the real messagc the arts percent of the arts patrons came to something a lot of resorts community hopes to convcy: that the Aspcnl5nowmass specifically ro attend a cul- would like to mimic." arts are more lhan an incidcntal cultural, tural evcnt, whilc 21.6 perccnt said the area ~ The Skico has never quality-of-life benefit that local resi- was a"vacation dcstination" and 14.8 pcr- made a similar attempt to dents happen to bc lucky enough to cnjoy al Endowmcnt for thc Arts drying up ant cent indicatcd recreational aclivities were assess the ski industry's year after year. ConcerLs, dance ptoductions ongoing fund-raising swggles at the loc:i and theater performances aren't jact frivolous Ievel, the arts community hopes ro spread & ~ ~ niceties, they are part of the county's eco- word lhal mntributions to the arts both prc nomic engine and a considcrable force help- serve the high culwral atmosphere oE the arc: ing drive the ama's vitality. and suppoR the Icxal economy. g5 - ~ ~ While iocal tesidents and visitors may "('Ihe study) undcrscores the importana ~ appreciate the diverse local arts sccne, the of the arts to hoth the quality of liCc hecc, bir ~ ca arts organizations feel the emnomic benefit also in driving salcs tax revcnues and hclpin~ . a0 lhey provide is often ovedooked, Chapman kecp the community vibraN," Harth said. $ y said, a perception she hopes will be changed Unlikc many othcr charitics, gtts, sup .g ~ as a result of the study findingc. port and contributions to the arts arc reall~ "I think, first and foremost, it's just for the investmcnts. 'I'hesc arc not donations thai r•: ~ arts to be recognized as a viable enterprisc," simply disappcar into the cthcr," said Chriti- r 5 ~~~ppp ~ agreed Lori Robinson, managing Jirector of tinc Nolen, dircctor of national funding foi 1azzAtipenSnowmass. the Aspen Music Festival and School. Md the ans don't'ust um in dollars - "Tfiat's exactl whal we'vc bccn saYin J P P Y & 0_ they provide jobs. Last year, the 15 organiza- about the arls, that this study shows." ralat~dtoerta bye9a Iions employed 72 full-time staff inembers' The fagile naturc of arts funding soutcc.e ~~~~VtoArts edeift ;or 'OnS and 134 parl-fime workers, according to the and the imporlancc of cnsuring stable sup- study. Using an employment multiplicr of 13, 0 cmt!lnued on follow(ng page ft ~ HORsES, HORSES ~ °nURSESVVV ~ Equirte Supplie§ from muck buckets to horse picks Can,t Find That Drearn 'El'orrie? s2s-ao1o 4C'r Sgp@ 107 South iNonarch, Aspen Wly N-Ot nDulld It! . : . : : • , . . ; t S , us dosi~ug 5 . ~u .t . FQ'6day n@ghty Apli'UQ 12 1~ t.,~?~•T'„ i 1111 J for the off-season r ~ o Eagle Pines. AlCording mountain solitude only IQ minutes Crom downtown Aspen. T'his G Q.ac°a§ p exceptional oRering is the area's premier luxury ski-in/ski-out gated community. Views, Views, Views! $1,600,000-52,150,000 m o ~ . . For more . ~ . information n11: ' , . /~gr~~ EAxn~Mlu¢ RObGARII[hie , , . . ~ ~,(fl6~~Ew~ ' ~~y~.x~i,~ (o) 925~1400 \lA 17 (h) 92~59166 308 East Hopkins, neut to the Bank of Aspen ~ 925-9774.' , REIDBLWALDRON N~ aw,r Plnl ln Qwl esmu •@anwb • Prop~H~ F7d~ey~ment - . 7111 F:\ST I I1T4\N AVENUE; hSP£.N, CO 81611 •(970) 925-1400 • OFFICF_S ALSO IN SNONTIASS 1'ILIACE . - ~ 12,A The Aspen 7-imes • SnturdayLSunday, April lrT, 1996 . - - S The Cover Storv phoney the -blin ¦ corttinued from previous page to city business licenscs or renewal ° d port for a key component of the of the rcal estate transfer tax and DOYOUTHINKTHEGOVERNMENTSHOULD ~t~$ Wh economy has spurred the creation of reallocation of its revenue, once the SEII fEDERAL LANDS TO HELP PAY a special task force by The Aspen Wheeler Opera lIouse debt is OFFTNENATIONALDEBT? makes : Institute's Community Forum. retired, to the arts in general. YES: The 21-member task foree, co- In Denvey a scientific and cultur- 1•900- 336 • 2020 • ext. 538 chaired by Community Forum al facilities taxing district was (3200PQrminute,averageca111minNe, board members Janet O'Grady and fortned to help support arts facili- averagecostsz.uoNOK~m~ancostt~o.oo~ Jcarunctte Darnaue5 is charged with ties, noted Nolen, a task force mem- 1•900- 336 • 2020 - ext. 539 m a the task of studying and idcntifying ber and former executive director of permmule, average call 1 minute, stabilized funding for the arts in this area'S CounC1l for t}1C AItS. averagecostS2.W, MaximumcoslEtO.W) L DAILY TOTALS: M b I I n C Aspen and Snowmass Village. "Wdre trying to bc very creative 1-900- 336 - 2020 • ezt. 540 "Even if you don't lovc music or and open minded about what it ($2.00 perminute,averagecalllminNe, the arts, we have to make the com- might take locally to ensure the sta- averaqe cosi s2.00, Ma)jmum cosi $10.00) muni rcafize the arts arc im or- bili and success of these u s" What would the tather of our P h' ~ P~ country think ot this poil?: tant," O'Grady said. "You either Nolensaid. 1-900-336-2020•ext.541 love art and can't live without it or The task foxcc can take heart, ($2.00 perminNe, average ca112 minutes, b o b& g re g there'sthepracticallevel - theeco- believes Harth, in the obviously Averagecos1S4.00,Maxim~.~ncaslS10.Q0) me res~,ns wi9 ne tonvamed ~o Service provided t nomic impact." strong support thc arts already ha've y01r senatorial ana sources Congressional represeniatives brmonlhly. . Seeking out stable funding in Aspen and Snowmass. "The arts m . „ tl,&wb is a sound aroach ro would not have into a $60 'a'e°n«~~m"ea,w°"'°~`W`"`S,e""6~" ~ p}~ gown CustomerService.5rtaussCanmMUaoan j retaining the arts before a crisis million contributor to the economy Umiet GWwu r40eie25-1910 c Ad paid for by Dave Colson. ° S je44n4 S &VIIE threatens their existence, said without it, he said. O'Grady, who compares arts fund- "A lot of communities look at ing to the dollars spent preserving dieir arts as a frill - I don't think open space. Once it's gone, it's we do herc and I think that speaks G I V E N B I O M E D I C A L I 1 gonc, she said. volumes about our community," "There's not a lot you can do Hartli said. "Our arts are woven into F R E E P LI B L I C L lE C 7 once you've degraded the environ- thc fabric of the community - it's ment - you can't get it back," what separates us from other moun- O'Grady said. "Once you let the arts tain re.sorts. I want to keep that." groups get to a crisis point, I'm not With the new emphasis on the Wednesday, April 10, 5:30 p.m. surc you can always bring back thcir arts as an cconomic contributor, -vitaliry. however, there are dhose who hopc lohn Armstroi?g, II, M.A., MD; Erich Loeu) "I think what this community is the other reasons for retaining a doing is loolcing ahead - not trying hcalthy arts community don't get to rcact to a crisis later," she con- pushcd to a back seat in the balcony. ~~A Case Study in End-of-Life cluded. "I wouid hope we cherish the arts from the Perspective of Patie Thc task force, which has yet to for what they do for our lives -our Family and Society." mcet, will tacklc iLs as.sigmmcnt with souls - in addition to what it docs a collective open mind, according to for business," said Henry Young, O'Grady. Possible funding sources director of DanceAspen: "I'm not . include a loclgng tax, an added fec surc we'rc rcmcmbering that." Fo? tbc Advanccmrnt of Human Hcal rh 10( - - .TTe t h e rei: OS1 1d.Jl ~ & C O. Res Biomedical.Institute PQ, WHEN YOU TI-IINK REAL ESTATE CALL RICH WAG'AR. z 000 SQ • . • . 4bedroom, 4 1/2 bath.. ~ 5,400 sq. home, . . • , r : ,.•:r. . . situated on a large 8,988 sq: w ~ . . ft lot, fanucs a spaciouc . master suire with Aspen . Mm. views, an open floor plan wirh high ceilings, large aerc Family room and a beauriCul{y landscaped fenced yard and a gm3t Wect End. ~ location. $2.475.000. . . L;f 5 ~a~ • D , T ' a home, siniated on a 500sq. ft.lot. is being fCf110dClCd 8C HIlargOd. 3 i- . r• 2 ~ , bodmnu. 3 baau, sqmrare Style is in its 7th edition and r1llu. Lv,dsc,fxd wich a readers lov learnin e about c~~,,,,gcour[yard [o cice g ~ advantagcofthe - ASp211'S 1C1teSt t1''2'CldS. unobstnxted views ofA' )zx• • ~`'".'f; ~;~;;<,;<:;: Rciutifulinteriorwooci ~ dewl. cau t«daY for pfe- -7 w;~ Advertisers love Style's great ~ compleaon pirice. 41Ql1lC Q.Uitl 1tS hlgh Cl1'Culaa011. and loa.v rates. RY A o pacious 3600+ sq.ft, 4 Early Bird Deacuine f or • ~ ~ ' ~ a : i~. S bedroom, 4 bath ~ . :1.. „ . , . . , f I : . :•MAR 28 . 11~04AM CITI' OF.ASPEN.. . . " ~ . • ' p,z • . ` ~ ~ • ~ ' ~ Wh) ssociation ~~O: ~ ~ . ~ I•r.~.1I:~ •1',y' r,~ i j7, ~l'9:~~; 5~i ~ Towns , . ~ • • ~ ~ ; , , : ~.~:~',`••Cl.';.IMQ37 i,;;,,: • : , ' . . . , _ ; ; . :r;;. , ~ , ' a .•~?~•.~~~~~1`i~:, ~ , . , • ~ • ~ `~tr`ig;tii.Go~6tado% 'Smiatidh•~f~Ska'Tofts (CA87) Legislative, Luncheon ofMarch , , . . ex.xessed nw. concern with, and oppositi on ta, the 'y~a~usTal~.uigs:~l1~ ega~x~be€p~e tfie I~ouse~ and Senate. Tn our discussion we ~ lot~ip~'=~ip~d~&l.. ardirig Pit.kin County's Rural and Remote'Zoning. . ,.:~:r• ; : 1~..%.• ~tkari ~~,5't~itit:$ ka'a,pasi#aflu i~ga~ding our Col~atj?'s zom~ing policies; hovvever, fFer.~ accta.ra~ counterp~ the scntim.ene that somethiaag . ~ • . . ~:f~ v done~r:becpsep~y*i.i Cbna~ty: ~ . ~ : ~ ~ • . . ~ ~ . • . r . v"i%a;poieidqation_the foDowing, statenient.as yoii make yourfinal ~9~ar~d other'Takin$s Legislation. ' . : ~ ~ . ~ re~~ly goinp . . , . - 'j•; . '~~i.. ~ ' , . '46.0= giuA~a~'~~;9~,5;•`~i~:'itkin'~:aunty Comrriissioners adopted a new zoning das4rict, I. •'•.::~ia~il,`~ati.~ ~'.iai+Ae;-fW,'~~rt4;'lands within PitlCin County. T'he new-aorie district was the . ."~aa~t3'?'~ ~fust t•~r'iaak~ixtg~the eQnipleic queseibn of dealing with development in ~ e~gtWly,~}~~1~:~~,,~~;i~";~~;b~s. T.,he;lands affected by RuralBr Rernote zoning must ab0e-9,000 #t. in altitude, and mvre than 1%2 mile away .roads. To a• great e?{ttent, the neW lZuiml and Remote :a~~ ~ ~ ~ ~ . . . . , ~ }is~~ting use. :3~i~ ~e:~U6.by their natu~'e, .1041 hazard aaeas, where. the rugged . . . . , _ u.n +C~;R;o~l~! ~ou's.ti~s caixibines-with kZarsh high altitude weather. DeeP ~ , ~ ; ~ , : ~ " ' • ~ sa`at~~'~k ~a~d. s~ "ca~d4e u; ~c,bnt~ollable,avalanche dangers in thc earinter, and ~ cis~~~.:~~ f~c'~ :sprii1g. ~•These areas' aee the headwaters, the wateasheds af - • • •;oAa~~ti~i~~,~~'~~.~~iVagy~~xerd a;f~cts ddwnstrearn users. _ ' ~ ' ~ : + • _ • • ~ ~ ' • • ' . . . ' . . , , . . • . ~ . r;dti~.:. .4-~i~rds to tht high couYatry that are ex4t'e~iely dif~cult to . . l,c.oftla,i~t; Gad4,'`~~i~~~P1~,. tpie, tx~Sedy on King Mountain outside •Crlenwood pxIngs'-in''19;;~°~:.~s'~:in~ieient and vi'taI relationship between these lat~ds and •;~~i~?i~~':;8kie ~ifacy.Cle oFaninials surviving in the motai.ns requirre that . ,•'~`~~~~n~~i9:;1~~~~ti~Ckt'~~~tq~-Yiim~~ vyi4ka the ssmons unimpcd6d by m8n-made ' • • ' • , , ~4. ~•F' ~1. ~l.' . ll:, " ,II ^ ~ • . . • 'IWEMiR~'R7U/PIlU1LMPiilJMrS ~ , . , : , . ; : ' ~ •;i:~<'~ : . ~8106l~,:a.~YDn o AIUA RiVeI o BR°Ckentidp9 ~ ~sflgp~~~.tr~an a,Q~rr~it~o oOr,~s6Y'o Fi~sco m G1el?WOOd Springs o Gra,d JlwtcPioh _ fx'~EFiti ~It~ d li.yn~f,Gon a~4t: qv* ti Rf~"d A Sllmrmortie o 3rtnw,wa8a Village a Stagmboaf Spnnga a PoIlurlde a ya1; o Winper Park ~ • . , . • . ir . , ~ ' • , . ~ , .r•' • • . . ' ' . • ~ - ~ . , ' • MAR 28 % ~ 11 ~ 05AM " C I TY OF " ASFEN' ~ ~ . . • ' • • P.3 ' . ° , : ; ^ , , , , ~ ~ ' ~ . • . ~ ' . . r . :.lr,~'`~ • ~ r' • . ' , • ' ' ~ , . : ' : . . ~ . . • . ; . . . ' . • . . . . ` . . . . . ~ v.', '",..:'4;°';~:•:i.-'ti'. ',in t~e R.uiral~-and'Remote zozung? It lirnits house size ' 4; ip•~,~Y~iit. fea~cec~ garden plota s~rounding homes 40 , . . • ~~;~,~~(i s4;f4,on be ittained- on.ttie rest offihe parcel, and thae ' . Owap~g;~o~~31.' O~i D$~i~dl'tfe.standards. It requi~~rces~ special review before ' • • g Q . ~ . ~ q~'11b 1ieu a evel. ~n9 their pgs'cel. In many ;~kplopZnen~ right. has crea4ed a cash value far in excess of the r r~; . , . . . . . ~ ~ - 6 6011e ;f~~V.;due: ;-ib. *6:inbdrent dif&ulty in dcveloping tbe property. ~ , •'v , r , ^ ~ ~ . ~~;~e.,~s~~i~~•~~s~;~s~.~n:cX64tizi8 6e-Rurai aridRemote zoning included-a great " . ~ ~irao~ir, ~y pu~~lie, meeLirigs were. held by Planning and . , 5 r , ~ ~ ~ . ~~;g';+~~#,~?~_~s~„q~,~.&6;0: ~ty•CA~nmissionerss.It shoutdbenoteclthatmany , . . . . _ . . . : _ . ~ 'ra.in . • U#$~~~h6'entirb- area of I.enado, spoke in fa.r?or of the ~'t donsb tx to ~ •~~~ith-4.y,4611661-.~b4;~t1 Remofe xaning. Like all legislation, it is subject to . , e'~•r~~Y1.p~~.(~:~~..~~j~(~~'~~~~;~,y~, bot.prbci~urally,legally, and politically. Eroperty , . ~ ~ • • :T. . + ~ • ..j... . ~ ~ • -6i ,.;a;liave~~Yi~s~;~~~•~ci~I~t~~~ibute as the most ~tpedient ta rosolde their dispute by , : • . , . ~~~itt~i~;~` ~ an;, - : . . , . . . • „ . :•r • ~ , . . • ovcr,tuzn ttue zoning has only succeeded in • , r I~~~'°:cc~i~u~c~ , %to. . . . . ~ ~ . 'p ~b0'agaittst-04c County Cotnmissiorier. Ciixzeu groups have ~ . . . ~ ~ ~ I`noa`#"'i0i?~i*bc1i~:c ~o?t~,eoinzissioners and the Rural and l~eruote zoning. . . ~ . . ~ ' :~~?Q.~0~i~s' ~~v~ pubhcly 4ffered-their'names an guppore of the , ~ . . , ° . . . - . . ~ . . . : ~'he outcome k •,~es~~s}~~wc::e~f'ti;tt~;~ti;~: i'appropria~e,~uses of laetd 'an the backcountry. k4"6wiigh,--and local coritrol an+d.'de6ision rriaking by tbe vv~~~~i~~.~~:~~~s~~•by,.a r6giilar piimary this- sumYner and elettion this ~na~~~#`~!~.t~ v'e:?~ouuif.y- Cor~nmissi~oner seats. Zheze is cloarly agnple . . j . . fid~~eai:arid I.6mbte zorung via the ~political route, whether : ~ ; ~~~'i.~ri~et~t~:~6~`~?~'d~?~t~ tti. #be•zoniri8; distmct or simgly repealing the measure . , c~~ - : • ~ S s I . 1 . . ±j.. ~ S~ ' .1 • . , . • ~ " . . ' , , ~ ' . • ' , ~ :~y ~~p~;Y ~ia ~~.ty's R~atal & Iteuiote zoning is being used as ~a13-.FUg.p4W:W:*bUs•;y#Wiosted;iti-isriposixig statevdide restrietion on localland use Ab0`it'1tS.jT21PaCt, 1'11lc5, aIld appg%CAb111Ly haVC t7CeY1 , • !;~R7~d.;~ t~t:~e.:los4 of value of land' holdings are not borne out by the facts. xn~ ' i •"''T- ,~e~~:~~~o t'..."hat#i~ot bieen rejeded ar denied 'an eYie urban area, and, . lopmemt interests on the valley flaor. ye ective. Cansider if you vvill that a ? • ~ . ~~g~'.tt~ ; y;~. ;~*tt~:1~i~of~~ a di,ffe~i~t persp e• `fair.segulA'tions on the uses of land or.a11 grovvth ,OLur,~i?i~i~,a,-~.'~~am~r~~~Lfj.a~g,~n i~rreversible &smiction of virgin wildemess areas, yer sulasidy to extend.expensive Caiiney 5ervices to' . i • ~ - • i ~ ~ ~ . ~~-M i~Z;elairnso- IIOt IeSI6~CY1t1Al $1tCS. ~ iy: . • :r, ` . . . _ ;i. . ' . , . . ~ , ~ . ~ . . ,~~A~,W~`. , ~.r . r..r ` ' ~ . , ~ , . . . cn . ~ .r-.. . " : . . . • : . , . : , , , . . • ' . ' . ~ . ~ . . ~ . +,r~... 'o•-.~ , : . ~ . ~ ~ . , ? ~ . ~ . •MAR~ 28-'96- 11 :'06AM CITY ~OF ASPEN P. 4 . ~ , : : =I•••, , ; :`f ~ , . • . • ~ ,F~• , '.i.• . . . ' . " • . . ,i. . • " ' ~ ' ~ . . . • . , - _ ',s ~ . ~ , . . ~ ' ~ :i•• _ ~ , , , . . ~ . i ~ t: , _ • . ' ~ . ' . ' • ' .A• : j~ r~ ~ r ~7, • , ' , . ' • • . - ~ • _ . • ' . ~7: ~ t','~r'~ , • t~ . , ' , " 1 . . ' : ' .5'.: ~ ~ ~ . • . ~ ~ ~ti''.. ~ \ ~ " ' • ~ . • r~iVMr~, • \ ' r • ~ . . . , ~ ~ ' . ~ . . " ~ " •:5~"~ f~ ~ , ' ~YJd~u1a., ,j~ . ~ .~'4~~•`80~6 ' , ~ , . • .y•+~ " ,:i• .4, . • ' . . ' , . • . + . ' • . . . . _ . . , ~ ~ - - . , . , . . ~ . . ..t'~.~ ' r ' ' . . . . . . . ~ ' ~~t~.l,: .1 ~ , ~ . • . . , . . ' .i' •~iw." ~ . ~ . ~ ' i ~.:~1' . , . . . . . . . . . • ~ ' ..J.~ . ; • , ~ ~ • `~.~},~~~i~8~~;~'~>63~`s~i.~•:~OWS~S.l~S`Ydla tU VOw $g84!fi~ ~B 96-69. WC &ppYt;C18$e dw r a nunbeac of ways~since it was firgt•introduced, howeaer, ~ . ~ • we; c~ .ii'a&:it' Is $tHl.flaWed fox t1he ~reasons thae -follow: . ~ ~ , , . bPta~ triy , codify legal standards enunc~iatcd by the T..lauted .41y ~ads~goes Wefl bey+ond judicial decctsions in this ~ • i~: •;~~lr6'6O, for 'cxampl~, could be. ~ad to btnpose these judiciafl ons.'' ;for viraaally'any. kind of c.ondition placed gn'lartd use ; :P;.. ..S-~~Y • '~•,1~' . • . . 9i , . ' 't•,' • i . ~ , . . . . ' . ,5 ' . ~ . • . , , - ~ `-'j~'' ~ ' ' , . . . ~OV,; ~ blp~ •rIghts stot ~quared •by an~y s~te or consbttutional , pFQ~i~obs;~'~?he~ e~ ~iit~$'~ 96~9 wi11 be l~ to loca] rnunicipali~.es without auy , . , , . .a:.. ~ , ~ ' ~ ~ ~ • ~ , . . ~ . , . ; ;~i;;. , ~ . , ~~?:~~:&.4. VO:~:tc~:* 96W latively'manor probl~: o~ co~ are ~e~y • ~ ~8i1~ l~•~if r probl~ which might• eatist ia olu •state. . • . , • _ ',,;%•,:ti`' ;e= ~ • , . , ~ ~ : . , ; - . the abilaty of~ zesort ~oanities to ss~te ~€ordable - . , . . . . . . . , : , ~~.~~~o~~'~ , . ~ , ~ . . ~ ' . • r~ , . _ ~ ~ • . . ; . . : , . . . ~ . . • ; ; ~ : , . . . ~ , - . : . . . . . . . . . ' _ . ' .,(6~~~ , :a,~y-•~uCt~C Y1Y~~ fOP CO~UY11t1cS fO,C I17AI1~( ye$YB, aS • ttrparccived~disparit'tes in thc~gaghts of'propertY owaaers ancl , ~ ' .~~~,.-a~, •,.~.:th~; .t+r'~ ~d for ~co~taraa~s to ~rect gg~o~ in ~ nrder.ly, r." '~b*•~9R~Prd~°,~'g3YC~ C~e$ 01Eb p~}' 1altd~.5 ~ QliB~it}* Of . ~ . . I 5~•, Y ~ - :r!• ~ ~ . , • , • ! ' ~ -'...r. } . ~ ' . . . ~ , , : , . ~ ~ . , '~~:~~~ftt~ ,a` ~yc~. t~;~~r. . . ~ ~ , . , ' ~ : • ~ . ; : . . , . , , , . , . ' ~f.. ,:i~~.'' ~ `ri . •r , • • ' . . . . ~ . .1' .y'~ ~.1.•,.'?~ , . ~ ~ . . , • ~ ~ •;r• • ~ . ' , ~t;. • ~ , • . • i; ti .f,' , ' ~ , ' ~ ~ . 'I. Yr ' " .fl~. :1~ • ~ ' . , . , . , , , ' •'y• '`r .,}I'.\~.• ,r 4, ' , . ~ • ' ~ ~ • ~ ' , , ' • ' ~•"7 , '1'~1,~.•?' ~ ' . . ~ . , , ~ . . ~ ~ ~Y~' ' f . 'I•. , . : • ~ . ` . .I~~~ . . . _ . . . . r . . . I . ~